My husband recently won his unemployment appeal. During the trial the Judge pointed out that the employment agreement stated he must work 40 hours a week, which he did. His position was commission only so he was not paid for six months of hours. If you work it out at least minimum wage would be $7700 or $22000 at the rate he is being paid now. Can't go to small claims, the amount exceeds the maximum, what should we do?
Answer
You should file a wage claim with the local Department of Labor Standards Enforcement (DLSE). If you go to their website, you will find an initial wage claim form, which you can fill out on your own or with the help of an attorney and file it with their office. Then, a hearing will be scheduled. This is a fairly easy and straightforward process.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
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