View Full Version : Not being paid for work performed

10-02-2004, 01:50 AM
I am an automotive tech. in California,new car dealer.My pay is based on "flat rate hours". If a job pays 1 hour I get payed 1 hour x my hourly rate whether it takes me more,or less time to complete the job. I recently made a warranty repair and the part failed while I was on vacation and another tech had to make the repair again. When I got back fom vacation I found that I was docked the full cost of labor for the repair which should have been warantied again.Basicly, I made a competent repair for which I was not paid.Our new manager has a habit of doing this with everyone with out notice.Isnt he required to notify us first before docking our pay?Dont we have a right to contest this before they can withhold payment?We never seem to find out untill after the deed has been done.Can he do that? A co-worker was docked last week for a repair he did 2 months ago.Is this leagal?Ive looked at the California labor code,but I cant find anything that addresses this situation and confronting him without facts seems like a waste of time.HELP!!!!!!

10-02-2004, 08:12 AM
Docking of pay is a legal practice if the employee is still making at least minimum wages for the hours he/she works, not just the billed hours. With that in mind, your employer must have had your approval to dock. Usually, most employers will have such documents signed at the time the employee is hired. I couldn't find anything within California regulations that would contradict the federal stance. You may wish to talk to the California Department of Industrial Relations to ensure that there isn't some little known provision that I've missed.

Let me know if you have any other questions.

10-26-2004, 01:33 PM
:confused: I was working for a so called friend over the past 3 months and when I got to go and work for a Major sporting goods company and told him so he only paid me part of what he owed me. When i said I would take him to court he stated" GO AHEAD SUE ME!" What should I do and where can I get the best assistance?

10-26-2004, 01:56 PM
Is your friend operating an official business, filing taxes, etc.? And, were you working as an employee? If you were, you can file a wage claim.

Please provide additional information to me.

10-26-2004, 09:53 PM
undefined :) yes he has a business license here in visalia,ca. don't know if he pays taxes. when i did get money from him he paid me in cash- i asked three times for a 1099-form for taxes(as a independant contractor) for him so i could pay taxes at years end: however he failed to provide one.
he also owes three friends of mine a total of approximatly $1500 in wages also.

10-26-2004, 10:40 PM
How much do you want this money? You can probably get it but your friend is going to run into trouble. If you file a wage claim, my guess is that the state will investigate the matter and probably rule in your favor. He will end up owing you wages plus he will be in some trouble for not issuing 1099's and even possibly, for not claiming you as an employee.

The link to the following website will tell you how to file a wage claim in California:http://www.dir.ca.gov/dlse/howtofilewageclaim.html

Let me know if you have any other questions.

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