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Generally an employer cannot deduct from pay anything other then applicable taxes etc...Did you sign an agreement allowing the deduction in the event the property was not returned?

Did they give you a chance to return the property before taking the deduction?

You can file a claim with the DLSE but more than likely you will be paid the deduction by the time you get to an informal conference.

Basically in order to recover waiting time penalties you must prove the employer had no intention of paying you all of your final wages.

The deuction from pay sounds illegal.

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And, realistically, how much could that possibly be? $10-15$ max? Do you have the badge and can you return it now?

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You are correct on the waiting time penalty. wage per day no to exceed 30 days.

File a claim with the DLSE . Run it by a deputy labor comissioner at your scheduled conference. Ask for the penalty .

I doubt they will impose the penalty. Worst that can happen is they will dismiss the claim.

Good luck

Did you not have an exit interview during which you were required to turn over all company property, including your badge. And, if you've returned the badge, have you asked them to just refund the $20?

Honestly, although I understand the law is the law, in my opinion, $20 just isn't worth the hassle. To be frank, the DLSE has a lot more pressing complaints than a $20 deduction. Your decision, though.

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Just for clarification purposes; the law in California only requires 10 minute breaks, not 15.

Now you possibly have a claim provided you were truly misclassified and no rest periods were provided or overtime paid.

Send the employer a request for wages . I find a certified letter to be the best. Make sure you are accurate with your computations. This way you have a record of request . The DlSE is going to ask you if you requested you wages.

Once requesting wages and possible rest period penalties that are legitimately due and your employer fails to pay it. You now can request the waiting time penaly that you are seeking . This is up to the DLSE. If you do not ask the DLSE will not impose the penaly.

My advice from personal experience: Make certain you have a solid claim . The DLSE has a habit of dismissing claims.

Good Luck

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Once your conference is scheduled and you attend, you can bring to the attention of the deputy that you have asked for your wages via certified letter and produce the document with the certification.

Yes you can ammend your claim? Since you just filed and they probably have not sent anything to the employer just yet . You might want to change you case valuation. See If they will let you?

Unfortunately I have been through several of these conferences and hearings. I am happy to help a person who has truly been worked over by a dishonest employer.

With any luck your previous employer will pay your wages due and you will not need to go through the whole long drawn out process. It is truly much easier just to get paid in a timely manner.

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The way you have outlined your computation is exactly what they want .You see many people try to write long letters of explanation or turn in 1 inch of time records. You will get in to all the details later.

All they want is a simple computation . Possibly one small paragraph. I think it is a good idea to put a misclassification .I do not think it is a good idea to put breaks not taken. How about breaks not provided?

What will happen is you will be scheduled for an informal conference . This is to establish the validity of you claim and see if the employer is willing to pay the claim.The deputy may make a reccomendation or decide weather this matter should be scheduled for a 98a hearing.

The employer has the choice to dispute all or part of the claim . The employer can pay the claim and the conference will be canceled. The DLSE will just forward the funds to you. No penalties will apply because you did not actually go to a hearing.

Hopefully you will just get paid what you are due. Without litigation.These matters can take 6 to 12 mos to resolve.

Make sure you have your facts together and solid evidence . I have seen many claims dismissed when the employee thought they were right but were not.

You can PM me if you want to.

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Hello,

I would just wait for the conference with the DLSE. Going back and forth with HR probably will not do any good. They are going to say you are exempt. You are saying you are not.

Let the state officials be the judge of this. Many employers mis classify employees to avoid specific obligations.

The DLSE sees this all the time. Perhaps just tell them you will see them at a later date.They can explain it then. Have a nice day.

Personally: I have never found a guilty employer willing to do the right thing and admit they were wrong.They usaully are looking for any excuse to justify thier actions. They have already given you a denial letter so they are not giong to pay you. Perhaps you can recover the waiting time penalty .

Good luck

You don't have to meet every requirement of an exempt employee, but it would help to know which one you don't meet. Some disqualify you automatically, while others do not. Just based on what you shared, you would qualify as exempt.

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Present the facts to the DLSE upon your conference. California does have strict guidelines for exempt employees.

It sounds to me like you very well may have been non exempt. The DLSE will make the determination. Sometimes employers just pay the claim because they know they cannot prevail.

You could consult with a labor law attorney who practices in California law. If your claim is a large some of money you might consider hiring an attorney. Sometimes employers appeal DLSE decisions. Then matters do get complicated. Happened to me once.

I too live in California and see people underpaid and misclassified all the time.

Personally: I wouldnt speak with the employer any further . They have made thier decision.

Employees may have to meet all the requirements under a certain type od exemption, but the executive exemption is not the only one there is. It is also very possible to qualify under multiple categories. Supervision of others and the ability to hire and fire are not the only ways in which you could qualify. Needing to get emails approved, particularly when new to the job, does not invalidate an exemption.

I'm not saying there is no way that you could have been misclassified, I'm saying that it is entirely possible from what you have shared that you were properly classified. You can find a chart of the various exemptions here www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

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Neither of those exemptions requires a particular level of formal education.

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Correct under the "learned professional" category. However, "learned professionals" are not the only ones who may qualify under the Professional Exemption. Neither is it clear that your employer is considering you exempt as a learned professional or even using the Professional Exemption. Just having a HS diploma says almost nothing about whether or not you could be exempt.

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Bring your documentation, but don't be surprised if you never get a chance to take it out. The initial conference is a chance for the commissioner to convince both sides to settle the claim without having to set it for a hearing. Make sure that you ask for waiting time penalties as well as your overtime, and keep in mind that if you do sign off on a settlement, you are releasing all claims you might have against them, including unrelated claims.

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They will say the 40 a week timesheets are significant, you will disagree- it is up to the hearing officer to decide who to believe. They will attempt to prove you took breaks by using testimony from co-workers, most likely.

Yes, you should probably subpoena whatever work you can.

The DLSE will almost certainly not go out of its way to investigate the company beyond your claim.