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  1. #21
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: Waiting Time Penalty

    When you asked the Deputy what he had in mind when he so instructed you, what did he say?

  2. #22
    Join Date
    Apr 2019
    Posts
    14

    Default Re: Waiting Time Penalty

    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

  3. #23
    Join Date
    Oct 2016
    Posts
    2,761

    Default Re: Waiting Time Penalty

    Quote Quoting ronald4zelle
    View Post
    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
    How many hours, regular and overtime, do you think you weren't paid for and on what days did you work those hours?

  4. #24
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: Waiting Time Penalty

    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?

  5. #25
    Join Date
    Apr 2019
    Posts
    14

    Default Re: Waiting Time Penalty

    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???

  6. #26
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,856

    Default Re: Waiting Time Penalty

    YES. I mean the DLSE may have asked, or may be prepared to ask, the employer for such records.

  7. #27
    Join Date
    Jan 2006
    Posts
    38,366

    Default Re: Waiting Time Penalty

    Quote Quoting ronald4zelle
    View Post
    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???
    forget about the 8 years to start. Depending on how the claim is viewed you can only go back 3 or 4 years. While that is still a lot more than 13 pay periods, it’s less than 8 years.

  8. #28
    Join Date
    Apr 2019
    Posts
    14

    Default Re: Waiting Time Penalty

    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

  9. #29
    Join Date
    Jan 2006
    Posts
    38,366

    Default Re: Waiting Time Penalty

    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

  10. #30
    Join Date
    Apr 2019
    Posts
    14

    Default Re: Waiting Time Penalty

    Quote Quoting jk
    View Post
    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
    The deputy himself explained that AWS must be “regularly scheduled” to be valid and any deviation to it will make it invalid.

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