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waiter in privately owned restaurant California

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  • #16
    don't get me wrong.. i'm not broke.. i make close to 20 an hour in tips.. this was the only reason i condoned/could afford the late checks.. he would pay maybe a week late.. but since the beginning of the summer.. well.. refer to my original post.. 4 checks and a couple of discussions later.. here we are.. i am not broke.. i am just unhappy with his noncompliance with payday regulations... and believe future employees will end up complaining to me first or simply quitting and perhaps suing the company/filing a claim.. this concerns me mostly because i am the one training these people.. i can't waist my time teaching new people every month.. also im pretty sure i could possibly be held partly responsible for the non-payment of future wages as i can be considered a manager/supervisor.. and honestly most of all.. it's just embarrassing.. this is a business and should be treated as such.. livelihoods are at stake.. which brings me to the fines patty.. im not really sure what the fines entail... i understand there are penalty fees accrued for the amount of time the wages are late.. but is there like a big huge fine that he'll have to pay?? he owes me about 2k.. if he can simply pay that i'd be fine with it.. but if he were to be fined some ridiculous about like 10-20k for his violation of the law.. well i just think that would hurt the business significantly.. possibly causing him to shut down.. that is my concern.. not his welfare.. but the welfare of the other employees.. i'll stop there for now..

    Comment


    • #17
      If you don't have check-writing authority/responsibility, you can't be held responsible.

      Here's the problem. If he's not called on this, he will keep doing it.

      Re fines:
      (b) If, after an investigation and hearing, the Labor Commissioner
      has determined the validity of any employee's claim for wages, the
      claim is due and payable within 10 days after receipt of notice by
      the employer that such wages are due. Any employer having the ability
      to pay who willfully fails to pay such wages within 10 days shall,
      in addition to any other applicable penalty, pay treble the amount of
      any damages accruing to the employee as a direct and foreseeable
      consequence of such failure to pay.
      210. (a) In addition to, and entirely independent and apart from,
      any other penalty provided in this article, every person who fails to
      pay the wages of each employee as provided in Sections 201.3, 204,
      204b, 204.1, 204.2, 205, 205.5, and 1197.5, shall be subject to a
      civil penalty as follows:
      (1) For any initial violation, one hundred dollars ($100) for each
      failure to pay each employee.
      (2) For each subsequent violation, or any willful or intentional
      violation, two hundred dollars ($200) for each failure to pay each
      employee, plus 25 percent of the amount unlawfully withheld.
      226.3. Any employer who violates subdivision (a) of Section 226
      shall be subject to a civil penalty in the amount of two hundred
      fifty dollars ($250) per employee per violation in an initial
      citation and one thousand dollars ($1,000) per employee for each
      violation in a subsequent citation, for which the employer fails to
      provide the employee a wage deduction statement or fails to keep the
      records required in subdivision (a) of Section 226. The civil
      penalties provided for in this section are in addition to any other
      penalty provided by law. In enforcing this section, the Labor
      Commissioner shall take into consideration whether the violation was
      inadvertent, and in his or her discretion, may decide not to penalize
      an employer for a first violation when that violation was due to a
      clerical error or inadvertent mistake.
      240. (a) If any employer has been convicted of a violation of any
      provision of this article, or if any judgment against an employer for
      nonpayment of wages remains unsatisfied for a period of 10 days
      after the time to appeal therefrom has expired, and no appeal
      therefrom is then pending, the Labor Commissioner may require the
      employer to deposit a bond in such sum as the Labor Commissioner may
      deem sufficient and adequate in the circumstances, to be approved by
      the Labor Commissioner.
      All cites from http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #18
        thanks patty.. i was reading that stuff earlier as well.. i do not have check writing authority so thats a bit of a relief.. and thats exactly why i've filed the claim, he will keep doing it.. i've seen a number of former employees condoning his actions and im pretty sure he thinks he can get away with doing business this way indefinitely..

        thanks for the timely response

        Comment

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