racinmason001
Junior Member
What is the name of your state (only U.S. law)? California
I worked for a landscaping company back in march to the middle of april earning about 231 hours that I have only been paid the straight wage for so far. The 1st 2+ weeks on the job I built a CMU wall, I was told by the guy in charge that I was going to be classified as a landscape laborer but if I'm not mistaken I was performing the scope of a Journeyman Blocklayer (my regular trade btw.) I have notified the company owner but I have yet to recieve a response to my email about the worker misclassification issue.
I worked the rest of this time doing many jobs but I am accepting the landscape laborer classification, my problem is I haven't recieved any fringe benefit pay yet and I quit working this job 4-19-13. Is there a timeframe an employer has to pay fringe benefits to an employee after said employee quits? I should mention that this employer has a deal setup where he deposits our benefits to this company called contractors choice then they deposit our benefits onto a debit card. I guess this is called a bona fide 3rd party plan? I have heard rumors that this employer is going to pay us a partial fringe payment then we will get the rest of our bennys when the job is complete, is that even legal? Doesn't he have to setup a written contract/ agreement with us employees before any type of diversion to our fringe happens? I am so frustrated with this guy I don't know what to do.
I worked for a landscaping company back in march to the middle of april earning about 231 hours that I have only been paid the straight wage for so far. The 1st 2+ weeks on the job I built a CMU wall, I was told by the guy in charge that I was going to be classified as a landscape laborer but if I'm not mistaken I was performing the scope of a Journeyman Blocklayer (my regular trade btw.) I have notified the company owner but I have yet to recieve a response to my email about the worker misclassification issue.
I worked the rest of this time doing many jobs but I am accepting the landscape laborer classification, my problem is I haven't recieved any fringe benefit pay yet and I quit working this job 4-19-13. Is there a timeframe an employer has to pay fringe benefits to an employee after said employee quits? I should mention that this employer has a deal setup where he deposits our benefits to this company called contractors choice then they deposit our benefits onto a debit card. I guess this is called a bona fide 3rd party plan? I have heard rumors that this employer is going to pay us a partial fringe payment then we will get the rest of our bennys when the job is complete, is that even legal? Doesn't he have to setup a written contract/ agreement with us employees before any type of diversion to our fringe happens? I am so frustrated with this guy I don't know what to do.
