Legal Question in Employment Law in California

I am working in a small restaurant for more than a year. the owner who is a friend, had stopped paying us hourly since four months ago and we are only on small tips. He is a daily marijuana user and he becomes moody and gives hard time to all employees. Now that he knows he can get sued for all the illegal things he does he promised to pay us min wage from now on, but I have asked him to pay for three months of that 4 months he has not paid and he bargains and doesn't wanna pay. What are the possibilities to sue him and how much will the lawsuit be? this is in CA.


Asked on 1/25/10, 4:05 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Instead of a lawsuit, you and the others might complain to EDD (the CA Labor Dept.) that you haven't been paid your wages for four months. Often, that's a more efficient way to get paid.

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Answered on 1/30/10, 4:17 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Just a small correction. Your complaint would be filed with the California Labor Commissioner, Division of Labor Standards Enforcement (DLSE), not the EDD. It costs nothing to file. Be prepared to account for all of the hours you worked and were not paid for. The DLSE provides forms for you to list all the hours you are claiming. Good luck.

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Answered on 2/01/10, 10:36 am


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