Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 11 to 20 of 30
  1. #11
    Join Date
    Oct 2016
    Posts
    3,143

    Default Re: Waiting Time Penalty

    Ronald, did you actually read CBG's post? DLSE was taking the word of the employee over her and her records.

  2. #12
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Waiting Time Penalty

    Ronald, in the case I posted, I was the EMPLOYER. The DLSE took the word of the employee that she hadn't been paid even in the face of proof that she had been.

  3. #13
    Join Date
    Apr 2019
    Posts
    15

    Default Re: Waiting Time Penalty

    i got it, thank you guys for all the responses. You are all very knowledgeable and I am learning a lot here.

  4. #14
    Join Date
    Apr 2019
    Posts
    15

    Default Re: Waiting Time Penalty

    hello guys, I received a letter from Labor Deputy requesting the total amount of what I am claiming, and must respond within 15 days or claim will be dismissed. I told Deputy that I only have 13 most recent paystubs, and employer did not respond to my request for payroll records in December 2018, Deputy said I must request to employer and employer must respond within 21 days or penalty of $750 will be imposed. But even if I send the request, I wouldnt meet the 15 days deadline and my claim will be dismissed. I get frustrated because I already sent a formal request for payroll records, i was actually expecting that the Board can help me to compel my former employer to produce payroll records, unfortunately i must start all over again.

  5. #15
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Waiting Time Penalty

    You are over thinking this. If CA-DLSE told you to send a written request into the employer, you should immediately do so. You should immediately do anything CA-DLSE tells you to do. It works or it does not, but blowing off instructions from CA-DLSE is always a losing strategy.

  6. #16
    Join Date
    Apr 2019
    Posts
    15

    Default Re: Waiting Time Penalty

    I did sent my former employer formal request for my employment records (emphasis on payroll records) 3 times, one by text message with actual letter attached, then via email, and via certified mail. And no response received from employer. The last response I received from compliance officer is by text message telling me to refrain from contacting her or any other employee. And that’s why I thought I could seek help from DLSE to compel my former employer in producing records.

  7. #17
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Waiting Time Penalty

    You didn't think this was going to happen overnight, did you? Or that you would be kept in the loop? You're dealing with a huge bureaucracy here. The fact that the DLSE has not notified you that they are writing to your employer is no sign that they haven't, and if they haven't done so today it only means they haven't done so yet. Trust me, the DLSE is one of the more ridiculous in terms of employee protection. (States run the gambit between, "We don't even have a DOL - you're on your own" and "We own you and will make your employers do what's best for you even if it's not what you want cuz we know better than you do what you need". California is on the latter end of the scale.) But they're not going to say to you, "How can we help you get what you're looking for" and they're not even going to say to you, "Okay, we sent off this demand to your employer this morning". They'll tell you what you need to do and they'll do what they do. You've decided what you think you're supposed to provide and are getting all tied up in knots because it's not happening that way. Show the Deputy what you have, including the text from the employer telling you not to contact them, and let the process happen. But do it within the time they've given you.

  8. #18
    Join Date
    Jan 2006
    Posts
    38,718

    Default Re: Waiting Time Penalty

    Just a note:

    the request by text message was worthless

    the request by email may have been worthless

    the request by usps delivery is acceptable.


    All contact should be made via usps, preferably with provable delivery

  9. #19
    Join Date
    Jan 2011
    Posts
    278

    Default Re: Waiting Time Penalty

    After 30 years in IT I would also state that sending emails for something this important is also worthless. All communication should be via USPS certified with return receipt requested.

    I would also block their future texts; if they want to respond to me then they can do so in writing.

  10. #20
    Join Date
    Apr 2019
    Posts
    15

    Default Re: Waiting Time Penalty

    on december 6, 2018 i sent my request to compliance officer via text msg and email because thats how we communicate at work, but i also sent via USPS certified mail per DLSE guidelines. and if employer did not respond within 21 days (payroll records) and 30 days (all other employment records) from the date of request, does it mean I must send another request per deputy instruction and wait another 21/30 days?

    1. Sponsored Links
       

Page 2 of 3 FirstFirst 1 2 3 LastLast

Similar Threads

  1. Layoffs and Reductions in Force: California Waiting Period Penalty
    By picker5 in forum Employment and Labor
    Replies: 4
    Last Post: 11-17-2015, 11:05 AM
  2. Compensation and Overtime: Compensation for Waiting Time
    By ericab in forum Employment and Labor
    Replies: 5
    Last Post: 11-22-2011, 02:19 PM
  3. Sentencing: The Waiting is Killing Me, Does the State Run Out of Time
    By snlrulez in forum Criminal Procedure
    Replies: 1
    Last Post: 10-11-2010, 01:20 PM
  4. Waiting Time for Decision
    By Paco in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-28-2010, 06:51 PM
  5. Waiting Time for a Settlement
    By JGH in forum Worker's Compensation
    Replies: 3
    Last Post: 07-11-2006, 04:51 AM
 
 
Sponsored Links

Legal Help, Information and Resources