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  • Back Pay California

    I worked for a company for 2 years, since I was 16. They paid me at 7.50$ when i started in july of 08 and finally raised me .50 cents in june of 09. I was wondering if i could file a wage claim for it. Also my boss would not let us keep all of our tips, she would keep the coins and let us split the bills only, there was always about a minimum of 15$ in tips that she would keep. I never got paid over time for the long 14 hour days i worked sometimes, i was called into work 20 minutes before my shift started sometimes. In summary i know now i was taken advantage of but i kind of didnt know it at the time, and my family needed my financial help so i kept working there. Then a few months ago i went to talk to a Marine recruiter and i let my boss know that if i joined i would be leaving for boot camp in 2 months. She went hysterical saying i should have given her a longer notice and after that i got less hours and instead of getting paid every 2 weeks i wouldnt get paid until after 1 month, she started avoiding me and she blamed my decrease of hours on me, telling other employees i was lazy and on drugs(defamation?). So what can i do? I quit a few days ago and gave them 3 days notice and 3 days later i havent been payed yet, are they supposed to pay me on my last day or on the next pay day?
    Thanks
    Last edited by Varg; 07-02-2010, 05:07 PM.

  • #2
    A wage claim for overtime, yes. A wage claim for not receiving your final pay on your last day, yes, since you gave 72 hours notice.

    What kind of establishment was this (not its name)? Were you tipped directly by the customer or did all tips go into a tip jar by the customer?
    Last edited by Pattymd; 07-02-2010, 05:28 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      For unpaid wages, file a wage claim with CA-DLSE. I know that there is a "less then normal" minimum wage rate for young workers under federal rules. but apparently not in CA. So you have possible claims for both final wages and underpaid earlier base wages.
      http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
      http://www.dir.ca.gov/dlse/FAQ_MinimumWage.htm

      Regarding tips, read the following factsheet several times. What you say sounds hinky and you can probably add the unpaid tips to your wage claim.
      http://www.dol.gov/whd/regs/compliance/whdfs15.htm

      Slander/libel/defamation rules are far outside my area of expertise and I will defer that to someone else.
      http://en.wikipedia.org/wiki/Slander
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        It was an ice cream parlor and tips were put in a jar by customers at their discretion.

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        • #5
          Agree with DAW on the tips. Tips belong to the employees, not to the employer. I would add that to your claim; problem I see is, how do you decide how much to claim?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            At nights when i closed the shop i had to empty the jar on the counter and separate the coins to be put into the register in their respective slot, i would always count them in my head (didnt know it was illegal for them to do that, i just wanted to know how much i could of had). It averaged about 15 to 20 dollars.

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            • #7
              A fair estimate would be the percentage of your hours for the day to the total hours worked by all counter employees. I'd use the lower amount as the base.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Agreed. When guessing, make it a conservative guess (not overstated). Your credibility is everything here. If CA-DLSE does not believe what you claim about tips, that disbelieve could extend to the rest of your claim.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Ok so i think I'll go with 15 dollars for every night i worked divided by 2 (because there are always 2 employees at night. And 5 dollars for everymorning i worked, does that sound rational?

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                  • #10
                    As good as anything else, I guess, except how many customers come into an ice cream shop in the mornings?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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