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Penalties on Waiting Time for All Employers

By: JML Law | June 8, 2018.
Penalties on Waiting Time for All Employers

Sometimes we leave work for a better position or sometimes we just have bad luck and lose our income. Whatever the scenario we expect to be paid our last wage not only on time but in full, or we may face many financial hardships along the way.

Whilst this is a big issue what can really affect a worker is a change is living wage in a city not being reflected in their next paycheque. Not only is it an aggravating situation to be in but it is also unfair when other people working in other companies end up being paid the more than you for doing the same job.

Real life case study:

A restaurant, daily grill near LAX airport was given notice by a city attorney as to the details of a change in living wage in 2010. The restaurant failed to follow up on this information and continued to pay the workers the old wage.

These workers then proceeded to file a class action lawsuit asking for not only backdated wages but also waiting for time penalties for those employees who had resigned since that date under Labor Code section 203 for employees who had resigned or been discharged since July 2010.

The employer was willing to reimburse payments of wages, but argued against the notion that waiting time penalties were due because they claimed that they were unaware of the changes to the living wage having being made.

The court ruled that due to the fact that the restaurant knew that changed were in progress that they had shown a willful failure to pay wages. They were told that they had failed their legal obligations. The employees were paid the mandatory 30 day waiting time penalty.

What this means:

This case serves as a baseline to any employer of the importance of ensuring that they are completely up to date on the law. It also reminds all employees of their rights in the case of a law change or resignation. It is quite common for employers to shortchange their employees, but it is important to remember that a Los Angeles employment lawyer is always there to help. It is imperative to remember your rights as an employee are always safe and that if after resignation your rightful wage is not received you have the right to ask the court to impose further fines upon your old employer to cover any financial hardship.

Contact a Los Angeles employment lawyer today:

If you believe that you have been involved in an incident where your employer was negligent of the laws changed causing you to lose out on wages and in turn cause you financial hardship it is imperative that you take action by contacting a wage fraud attorney today. An employment lawyer will fight for your rights as an employee and get you the compensation you deserve. Contact our law offices for assistance by an experienced lawyer today at 818-610-8800.

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