Unpaid Wages: small claims court or CA labor board?
June 22, 2015 7:51 PM Subscribe
Trying to get about $900 of missing wages paid. Should I go through small claims court or file a missing wages claim with California's Division of Labor Standards Enforcement?
Not sure which way to go with this one. Small claims is easy (I've done it in the past) , though I know that even if you win, it can sometimes be hard or impossible to collect. While googling, I noticed that California's labor dept. has a specific section devoted to tracking down missing wages. I wondered if this process might have more teeth -- meaning, if I prevailed (I am 100% in the right in this case, but I know things can get tricky when it comes to proving it), the employer might be more easily compelled to pay me if the state is involved.
Does anybody have any experience with this sort of issue? I can provide details of the dispute, if needed, though I'm not sure it matters for this question. I was promised $1200, was paid $300 instead (haven't cashed the check, though) and this is wages, not some other sort of dispute. This is in Los Angeles, and it's a small film production company. I have a signed contract and evidence the job was completed.
Not sure which way to go with this one. Small claims is easy (I've done it in the past) , though I know that even if you win, it can sometimes be hard or impossible to collect. While googling, I noticed that California's labor dept. has a specific section devoted to tracking down missing wages. I wondered if this process might have more teeth -- meaning, if I prevailed (I am 100% in the right in this case, but I know things can get tricky when it comes to proving it), the employer might be more easily compelled to pay me if the state is involved.
Does anybody have any experience with this sort of issue? I can provide details of the dispute, if needed, though I'm not sure it matters for this question. I was promised $1200, was paid $300 instead (haven't cashed the check, though) and this is wages, not some other sort of dispute. This is in Los Angeles, and it's a small film production company. I have a signed contract and evidence the job was completed.
Best answer: I would contact the CA Labor Dept. I had a similar case and they represented me. They're kind of crappy but it lets the other party know you're taking legal action. I won my case but through my own efforts.
posted by shoesietart at 8:26 PM on June 22, 2015
posted by shoesietart at 8:26 PM on June 22, 2015
Best answer: DLSE. They make sure you got all your ducks lined up, then they call in the employer for arbitration. Unless they have proof you didn't perform the work or other stuff you get paid the same day. Else they'll get a nasty letter in mail with administrative fines on top of what they owe you.
posted by kschang at 9:38 PM on June 22, 2015
posted by kschang at 9:38 PM on June 22, 2015
I will say that the CA State Labor Commissioners offices are chronically behind: I hope you're not in a hurry for your cash.
posted by suelac at 10:56 PM on June 22, 2015
posted by suelac at 10:56 PM on June 22, 2015
Response by poster: Putting this here for anyone's future reference: FYI I discovered that some types of contract work do indeed fall under "wages" rather than a contract dispute. (In this case, it had to do with acting.) At any rate, a combo of threatening to band up with other unpaid/underpaid people, go to DLSE and/or small claims court, and also spread it around loudly on social media and to everyone's professional connections, and also me showing up in person at the office to politely say, "You're about to have a shitstorm on your hands" -- all of that got me paid.
posted by BlahLaLa at 9:37 AM on July 10, 2015 [1 favorite]
posted by BlahLaLa at 9:37 AM on July 10, 2015 [1 favorite]
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What contractors are paid for jobs is not what's meant traditionally by "wages". Unless they paid you W-2 compensation with taxes withheld and such or you've got evidence that you should have been classified as a W-2 employee, what you got was probably not wages and this is technically a contract dispute, even if the dispute is purely over payment, unless California's very weird about this compared to most states.
posted by Sequence at 7:57 PM on June 22, 2015 [1 favorite]