When you asked the Deputy what he had in mind when he so instructed you, what did he say?
When you asked the Deputy what he had in mind when he so instructed you, what did he say?
all conversation with the deputy are thru emails. well he said on his email i must send request, then i replied by saying i already sent request back in december but no response, then he again responded saying if no response within 21/30 days from date of request then penalty of $750 can be imposed, but total amount i am claiming must be ascertained. but how do i do that without those records? it doesnt make sense
WHY do you persist in thinking that just because you're being asked to contact the employer about some records, that means that no one else is doing anything about it?
i usually worked 9 to 12 hrs a day, regularly 3 days, but working up to 6 days a week in most times. All hours were paid regular rate because employer said its less than 12 hours, to meet the overtime requirement (AWS), but DLSE said AWS is improperly instituted, therefore its null and void. So the number of hours will depend on payroll records, and i only have the last 13 pay periods, and been with the conpany for almost 8 yrs.
do you mean DLSE may have had asked the employer for such records???
YES. I mean the DLSE may have asked, or may be prepared to ask, the employer for such records.
yes i am aware as to how far back i am entitled to claim under the law, it was explained well to me by DLSE
Here are the rules regarding overtime for an AWS
https://www.dir.ca.gov/dlse/FAQ_OvertimeExceptions.htm
the aws would not be “null and void”. The calculation would take the AWS into account and calculate your overtime using the AWS