Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Domestic Worker Rights - HELP! California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Domestic Worker Rights - HELP! California

    I work as a personal assistant and get paid under the table directly from my boss. As of last week, until tomorrow (Monday), I was coerced to take a week off from my job so that my boss can investigate my harassment claim against her mother, who also receives wages under the table.

    What are my rights in this situation? Do I qualify for administrative leave since the situation was beyond my control and I have lost wages due to this investigation. If there's anything, can you cite your sources (web address, codes, etc.) so that I can show my boss when I attempt to collect missing wages? Thanks.

  • #2
    If you are a non-exempt employee, there is nothing in the law that is going to force the employer to pay you. The law does not address "administrative leave" for non-exempt employees of private employers.

    If you are an exempt employee, then it depends on why you were suspended and for how long. If you are working as a personal assistant, however, the chance that you are an exempt employee is slim to none.

    Given, though, that your employer (and you!) are already breaking wage and hour laws by not reporting your wages, I cannot imagine why you think he would care what the law says EVEN IF the law said you had to be paid, which it does not.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Consider the taxes and contributions you are not paying as your administrative leave.

      Best of luck if you ever need UI benefits.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X