Does a Small Claims Judge have authority to enforce a Penalty under Labor Code 203 ..

[tc1811]

What is the name of your state (only U.S. law)? calif
This has suddenly gotten more complicated as i started to type the question.

I have a case where my damages exceeds the limits of the small claims court.Its a a situation were i was hired to do repairs to a property owners fourplex. Since I am not a lisc'd contractor I was hired to do work on an hourly wage. At the end he unfortunately felt he did not have to pay me. Finacial problems seem to be the issue.

In my opinion my case fullfills all the requirement for him to be penalized for willful refusal to pay me my wages owed at the time he fired me.

When I filed the claim I claimed the wages, reimbursement for out of pocket expenses we agreed would be paid, and not knowing if I would be victorious in the claim I also included the wage penalty protion.

As I was typing I believe the more important question is if these can be treated as two seperate cases. That being if I sue for my wages does that automatically block me frorm filing for another claim with the labor board for the penalty under Labor Code 203 ( i believe it is).

I know th efirst question is why didnt i file with the labor Board first? It was mainly do to the simplicity of small claims and the quickest way to expedite the case. Also I was not even aware of the possiblility of penalties being involved for his actions.

So now a couple other questions have me curious. Can a Small Claims Commissioner have the power to award Labor Penalties such as under 203?
If they can enforce those penalties is it likely they would or do they avoid issues regarding penalties and fines? And secondly if I am awarded my wages that are being withheld but not not the penalty can I then go to the labor board to pursue it?

Sorry if this became confusion.
Thank you in advance for any suggestion or help you may have to offer.What is the name of your state (only U.S. law)?

 

[ecmst12]

I don't think you would be considered an employee in this situation. Did you complete a W4? Were taxes to be withheld from your check? If not, then the labor board or labor laws will have nothing to do with it, and a lawsuit is your only recourse.

 

[tc1811]

Suppose the answers to your questions were yes,

and I am considered a employee. That way the question that is actually being asked can be answered rather than avoided.

But I would also like to hear the reason behind your answer if you return to read my reply .

Thanks !!

Happy Fathers Day to all the Dad's !!!

 

[Zigner]

Suppose the answers to your questions were yes, and I am considered a employee. That way the question that is actually being asked can be answered rather than avoided.

Or, we can just suppose that you were paid in full. Then we can just suppose that your problem doesn't exist.

Look, getting answers based on a supposition that is not true won't do you any good.

 

[tc1811]

Sorry I did not realize this forum was NOT for asking legal questions....

but only for confirming legal positions. I was wrong in believing the legal system ever discussed hypothetical situations or considered cases may have multiple circumstances. You have single handedly made law and exact science.

Look zingler....you may be an attorney and very well educated. Unfortunately I, and I would assume several other people posting here , are in fact not very educated in the legal system. But I do know I am educated enough to have the abililty to understand what the concept is of this forum which is to allow people to post their legal question. It often concerns different areas of the law they are having problems with understanding, confirming, or simply curious if they have been unfairly or illagally treated.

Look...if my interpretation or understanding of this forum is wrong then I apologize for even submitting my first post. Shame on me. If the site is for people such as yourself to showcase their superiority over the less educated then shame on you.

If my understanding is accurate then I would like to know why you decided to not only waste your time in posting a response that obviously offers absolutely no benefit to me, to the community, or your fellow legal coharts on the site.

After reading several of your responses to others (11.4 responses per day) it appears you are possibly retired from some area of the legal system and have time on your hands or maybe your are a legally educated person who wishes to have a legal career and through this site you can justify your ability to do so. Whatever it is, it is obvious you lack the respect for the proffesion and more importantly the people who make it possible for the legal proffesion to exist, the client.

I am sure the more postings you make you get increasingly higher titles or some type of recognition from the site, or you may rejoice by others admirering your high number of replies. But if people would only take the time to review your posts and your personal snide remarks, criticizing peoples level of education, or probably the most disturbing posts of yours in which you actually make fun of those who you belittle and taking pride in the fact your comments have angered someone, they would see a person with deep issues.


I know you keep a record and have even opened threads in which you openely brag about pm's or responses from people angered and hurt by your posts. Zingler please help us understand what type of person enjoys causeing pain to others by belittling them and treating them with rude disrepectful taunts and comments? Maybe if you don't feel comfortable explaining what person gains joy from this then maybe one of your other enablers will offer an explanation as to why they encourage you and do the same themselves? .

Lastly, you posted in your reply... "Look, getting answers based on a supposition that is not true won't do you any good." please explain how this type of reply benefits anyone and who are you to tell me what will do me any good ?

 

[CourtClerk]

but only for confirming legal positions. I was wrong in believing the legal system ever discussed hypothetical situations or considered cases may have multiple circumstances.

You aren't wrong at all. Where you ARE wrong is assuming that WE entertain hypothetical situations.

We don't.

 

[tc1811]

Thank you for your reply.

I can respect that. What I can't respect is YOU entertaining yourself at the expense of others on this site. I hate to include you in the "YOU" but you seemed to support zinglers approach by not condemning it.....I suppose you only address legal questions thus the reason for not answering what you get out of the type of behavoir described previously?

 

[Zigner]

Look zingler....you may be an attorney and very well educated. Unfortunately I, and I would assume several other people posting here , are in fact not very educated in the legal system. But I do know I am educated enough to have the abililty to understand what the concept is of this forum which is to allow people to post their legal question. It often concerns different areas of the law they are having problems with understanding, confirming, or simply curious if they have been unfairly or illagally treated.

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[ecmst12]

We will answer questions about YOUR actual specific circumstances. People who answer questions here are volunteers and we don't have time to answer questions for every conceivable set of circumstances or pull teeth to figure out what your actual situation is. So either post the information that is relevent for YOU, or do your own legal research.

But here's the rundown: Employees can and should file complaints with the labor board for unpaid wages. Independent contractors can't do this, and can only file a lawsuit. As an IC, you would not be entitled to any penalties for non-payment unless they were described and agreed to in your contract.

If the amount you are seeking exceeds the SCC limit, then you should talk to a lawyer, because you're going to need one for the suit anyway.