Employer Unwilling to Pay for Hours Worked
My question involves employment and labor law for the state of: California
My employer is located in California and I work remotely from another state so I am not sure which laws are referenced.
I am currently going through a back and forth with my employer. I noticed that on paychecks I was shorted hours so I brought the issue forth. I notified the client and was told that I needed to gather detailed proof . First it was show them how many hours were missing I provided that. Then it was give detailed days and time worked. I provided that. Then it was show where they "approved" the hours because they were not going to pay for unapproved hours. (Note this was not stated in any documents I signed upon employment). Regardless I brought forth emails and document in which the hours were proved.
This drug on over a 2 week period and I notified them that I was having a lawyer review the documents of employment for further investigation. At this point they refused to speak with me in regards to the issue and stated since I now had legal counsel they would only talk to them. I am trying to keep my lawyer as hands off as needed unless I am forced to pay for their time.
I just wanted to see what my options were and best approaches. Currently I am going to file a "failure to pay wages" with the Department of labor and if need be terminate my contract with the employee and or send the owed debt to collections. Once I made them aware of this they have gone silent from their end.
Are these the best next steps in my situation.
tl;dr : client refuses to pay for hours worked citing reasons that were not listed in my employment contract.
Re: Employer Unwilling to Pay for Hours Worked
You cannot go to the DLSE and send this debt to collections. You do one or the other. For the former, you do not need an attorney. However, if the DLSE finds that your employer is not breaking any labor laws (and this is more than possible, I trust you understand that due to your position as an IT developer, your employer is not required by the DLSE to pay you for all the hours you work), your next step is to have your attorney review your contract for contract violations.
Please note that it's SOP for employers to refuse to speak directly with a complainant once that complainant has "lawyered up" - this is what I do and what most other employers do.
Re: Employer Unwilling to Pay for Hours Worked
Understandable that I can not do both.
I am just curious on your statement that my employer is not required to pay me for the hours worked ? Can you elaborate on that. what makes my position as a developer any different than any other position.
Re: Employer Unwilling to Pay for Hours Worked
In the employment law world, there are two types of positions - exempt and non exempt. Exempt positions are exempt from pay-for-all-hours-worked and OT pay requirements. Non-exempt positions are not.
Whether a position is exempt or non-exempt is defined by the federal Fair Labor Standards Act. IT developer positions are classified as non-exempt.
If you want to know for sure about this, check the FLSA website.
One question that may change all of this - are you an employee (paid via payroll) or an independent contractor (paid via accounts payable)?
Re: Employer Unwilling to Pay for Hours Worked
Employee paid via payroll
Re: Employer Unwilling to Pay for Hours Worked
OK, so you probably don't have a wage claim. However, you may have a contract issue - have your attorney review it and proceed from there. Be warned though, this doesn't give you job protection (like filing a wage claim would) - understand that, absent contract wording that prohibits this, your employer may legally fire you for all this arguing and lawyer threats.
And again, your employer is well within its legal rights to refuse to speak to anyone but your lawyer about this.
Re: Employer Unwilling to Pay for Hours Worked
The firing part I am not concerned about if that happens that is ok I am going to part ways regardless. How does being an employee make this invalid for a wage claim ?
Understood about speaking only to my lawyer for future talks. Thank you for the information.
Re: Employer Unwilling to Pay for Hours Worked
Sorry, I miscommunicated. The-invalid-for-a-wage-claim thing is not connected to whether you're an employee or an independent contractor, it's the fact that your position is probably (I'm about 99.99999% sure of this) exempt. Sorry again, I can see where I made things confusing.
Re: Employer Unwilling to Pay for Hours Worked
Oh ok that makes more sense. Thanks