2 Violation Liability for Unpaid Wages Liquidated Damages in Form

You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or bring an action in court against your former employer to recover the wages if they are still due you, and to claim the waiting time penalty.

If you were paid less than the minimum wage, you are entitled to liquidated damages equal to the amount of your lost wages. For example, if your employer paid you only $10 an hour, but you were legally entitled to $15 an hour, you would receive an extra $5 for each hour worked.

Under California Labor Code Section 558.1, the owner, director or managing agent of a company may be personally liable for wage and hour violations if that person, on behalf of the company, violates or causes to be violated state wage and hour laws.

It is now increasingly common to see liquidated damages clauses in employment agreements. In this context, liquidated damages clauses are used to fix, in advance, the amount of money that an employee must pay to her employer when she leaves her job.

Labor Code section 1194.2(a) allows an employee to recover liquidated “in an amount equal to the wages unlawfully unpaid and interest thereon” for failure to pay minimum wage.

A penalty clause is a contractual clause that imposes liquidated damages that are unreasonably high and represent a punishment for bsignNow, rather than a reasonable forecast of damages for the harm that is caused by the bsignNow, are referred to as penalty clauses.

For any initial violation the penalty is one hundred dollars ($100) for each failure to pay each employee. For each subsequent violation or any willful or intentional violation the penalty is two hundred dollars ($200) for each failure to pay each employee, plus 25% of the amount of wages unlawfully withheld.

The total amount of liquidated damages shall not exceed ten percent (10%) of the amount of the contract. The Procuring Entity may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor.