Salary Pay

[casandra]

Salary Pay In Arbitration

I AM IN THE ARBITRATION PROCESS WITH MY EX-EMPLOYER. MY CLAIM IS THAT THEY DEDUCTED VARIOUS AMOUNTS FROM MY PAY CHECK FOR A DAY MISSED. SOME PAY CHECKS MY DAY WAS WORTH $80.00 ON ANOTHER MY MISSED DAY WAS WORTH $134.00. I WAS ON A SALARY AT 2450.00 A MONTH. MY PAY STUBBS WERE SHOWN SAL 1225.00. I WAS PAID BI-MONTHLY. THEY STATE I WAS NOT A SALARY EMPLOYEE. THAT I WAS PAID $12.00 AN HR. FOR THE FIRST 8 HRS, AND $18.00 FOR THE LAST HR. OF THE DAY BECAUSE MY DAILY HOURS WERE FROM 7:30-5:30. I ASK THE QUESTION IF I WAS HOURLY WHY DIDN'T MY PAY STUBBS SHOW THE HOURS AND RATE OF PAY LIKE WHEN I CAME OFF OF SALARY WHEN PREGNANT IN ORDER TO WORK AN 8 HOUR DAY. THEY ALSO ADDED THEY DID NOT PAY SICK PAY AND DEDUCTIONS WERE THIS. I HAVE TO GO BACK BECAUSE THEY CLAIM THEY LOST THE TIME CARDS FROM THE PERIOD I WAS ON SALARY. SO THEY WERE GIVEN TIME TO PRODUCE THE DOCUMENTATION. I HAVEN'T SPOKE TO A LAWYER YET AND NEED SOME ADVICE FOR WHEN WE MEET NEXT WEEK.(WITHOUT THE MEDIATOR) OH YEAH THE STATE IS CALIFORNIA.

 

[twosidesofeverystory]

mediator???????

is this mediator from the state dept. fair employement.? if so they are verry good at what they do.

I oncce needed their assisantance and they went to work for me (slowly) but they worked. My problem was vacation, when terminated from my employment my employer refused to pay me off. I contacted the state dept. the contacted my employer and the check came in about 20 days later.. theirs more to the story.
when we went to arbetration they had paied me off except for 17.00 dollars. the state mediator forced them to pay me and
encouraged them to make me a settle ment offer for penalities. my employer did so that day and 10 days later the payed me 2500.00 dollars in penalities alone.
let them do their job if you have a case they will help, just like they did me.

good luck and let us know.
BTW( Using all caps in this forum is considered rued. I didnot know at first eightor)

 

[casandra]

thank you twosides for your reply, it gives me a little hope. yes this is through or being delt with with the aid of the states labor board. when i went last week we spent 3 hours in conference, but my employer stated they lost the time cards for the period i was on salary. so their lawyor ask for more time to find them. she was given until the 14th of sept. at that point i am suppose to meet with her to go over them. because i am asking for 129 hour of overtime estamating 1 hour a day for the entire time i was on salary because they breeched the salary pay agreement by deducting when i was out for a day. but because my hours were from 7:30 to 5:30 mon thru fri. which made it a 45 hour week. i did not include in the claim that i only took lunch 2-3 times a week.because of the volume of business and the lack of permenant staff.SO now i am wondering were i stand, and what difference the time cards will make because since i was on salary i only had to punch in-in the morning not for lunch or out at the end of the day. after the meeting with there lawyer i am suppose to write a letter to the arbitrator to let her know the out come and if im satisfied with it or not. i am not a lawyer and the arbitrator did not say weather they were in violation or not. she did say it was the law to keep records of the time cards. to tell you the truth i am scared there lawyer is going to knock me out the box. looking for all the advice i can get. THANK YOU.