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CA: lots of questions...

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  • CA: lots of questions...

    Hi there, I just got laid off by my boss. He decided to close down the store I'm working at. Since I had a hugh argument with him regarding to some labor law issues a while ago, I'm not too surprise that he's not going to keep me. Now I want to reporting him to the labor board, not for the money he owes me, but for him to treat other workers the respect they should get (still have few friends working at his place).

    First of all, he pay all employees on salary. And he required everyone to work from 10:40 A.M. to 8:00 P.M. without lunch time. According to FLSA's standard, all of us are consider non-exempt salary employees. So does it mean we have the right to request lunch pay and overtime?

    Second, he never provide a deduction stub with the paycheck. When I asked, he simply replies "I've doing it this way for all these time and no one complains." Should I make a copy of my last paycheck as a proof of that? Or should I force him to give me a deduction stub before I go to the labor board? What if he doesn't give me one even if I ask for it?

    Third, he has the habit of paying everyone late. Sometimes even past the allowed time period stated in california labor board. Take my final paycheck for example, instead of paying me on the date of termination (Nov. 30th), he pays me on Dec. 6th.

    Finally, is there anyway I could get the commission he promised to pay? I highly doubt this one is possible since I don't see any law regarding to this. But four months of commission is actually a fairly big chunk of change...

  • #2
    Commissions? Doubtful. But you can try. Add it to your claim with the DLSE for no pay stubs, no overtime, late payment per CA law, etc.

    This guy sounds like a real piece of work
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    • #3
      It's ok if I can't get the commissions. I don't really care about the money, extra is good, but I just don't like his attitude about the whole labor law thing.

      You wouldn't believe what he said the day I have to go pick up my final paycheck. He tried to deduct my pay with some stupid reasons and I simply told him it's against the law. When I politly tell him that if he wants to become a big company in America, he better learn those before he gets himself in trouble. He simply replies "I don't have to learn those laws now. I will when I have to hire Americans." That really tick me off, I understand that many Chinese employees don't want to do this because they're afraid they'll lose their job. But taking advantages on your own kind is just low.

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      • #4
        Well, you can report him. Whether the DLSE will audit him since he's closing the business is doubtful though. You might want to encourage the other employees to file their own claims, however.
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        • #5
          Will DLSE still audit him if he franchaised most of his stores? The reason why he shut down the store I'm working at is because no one's willing to take over.

          I'm not too sure about other employees doing wage claim. When I talked to other 3 co-workers in the store, I found out that only 1 of them can legally work in the U.S. The other 2 are paid under the table. And it appears that his other franchaised stores have few illegal workers as well.

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          • #6
            Good question. All you can do is try. People like this make me angry though, and I'd be tempted to do what I could report him. First he hires workers that are not eligible to work in the U.S. (which can carry criminal penalties), then he violates IRS (and other jurisdictions) regulations by paying under the table and underpaying employees, taking advantage of them because he figures they won't complain because they are illegally in the U.S.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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