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California- Trouble getting paid California

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  • California- Trouble getting paid California

    My husband has a second part time job as a high school football coach. He works M-F after school for practices and is at every game on Friday. He is also at every Saturday film review with the team. When my husband took this job, he was told he would be paid, but the wage had not yet been determined as the coach was, "trying to get him more money". My husband filled out a W2 form and got fingerprinted for the job.

    My husband started work in June (summer football training) and has worked since. He has asked the head football coach here and there about his pay, and was always advised that the coach was working on it. At one point the coach also told him that the school's budget had not yet been determined, so he did not have a final answer. Finally, 2 weeks ago, my husband received a paycheck that only listed "regular salary", no hourly wage was listed on the pay stub. The dates of his service were not listed either. However, all of the appropriate state and federal taxes were taken out. He was told at that point by the accounting office that pay day is the 15th and 28th of every month. Yesterday he went to the accounting office for his check, only to be told he did not have one and to talk to the coach.

    My husband talked to the coach this morning and was told that he is working on getting him paid, but the with all of the problems with the Catholic Diocese (the school is a private Catholic school that charges 10k+ per student for tuition), he is not sure when it will happen. He even said that he has another coach on the team who has not been paid in 2 years.

    My question is this; are any of the school's actions legal? My husband was never told how much he would be paid, only that he would. He filled out a W2- indicating wages would be taxed. He received one check listed "regular" salary, not "one time payment". I don't see this as being a legal way of conducting business and I think my husband may be being used since he loves what he does for these kids. We would not have an issue of this job being a volunteer type postion, but he was told it was a paying position.

    Any advice or clarification would be great, thanks!

  • #2
    Contact the CA Department of Labor for a wage claim.
    Please no private messages about your situation.

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    • #3
      The pay stubs for a nonexempt employee must show the hourly rate and hours worked in California. Neither is required for exempt employees. The fact that the pay stub prints "regular" instead of "one-time payment" is irrelevant. Payroll systems are set up with specific earnings codes. In my 30 years of payroll management and systems implementation, I've never worked for, or consulted with, a company that had such an earnings code.

      Having said all that, the school is not exempt from the wage payment laws. Follow moburkes' advice and he should file a claim for unpaid wages with the DLSE.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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