What are my rights when hired to work an event thru an agency and contracted to be paid the following Friday but the event didn’t turn in time sheets so nobody is getting paid on time?
Hi Beckie,
Thank you for your question. To fully answer it, I would need more information. For example, I would need more details about your relationship with the agency and the contracting entity to determine whether you were retained as an employee or an independent contractor.
Also, what were the terms of your contract? Was the work intended to be temporary? Was the work performed in California? Questions like this might influence my answer.
Assuming that you were hired as an employee in California, you had the right to be paid in full and on time. “On time” for these purposes will depend on the facts of your specific situation. If you were a temporary service employee, for example, you were most likely entitled to be paid on a weekly or daily basis, depending on the nature of the assignment. (Labor Code, § 201.3, subd. (b).)
If your pay is late, your employer might be subject to civil fines and penalties. It is also possible that you are entitled to additional compensation. Without knowing more about your situation, I can’t be sure.
Unpaid wages and penalties for late-paid wages can be pursued in three primary ways:
- By resolving the dispute informally with the employer,
- By filing a lawsuit in court, or
- By bringing an administrative claim for unpaid wages and penalties.
The procedure for filing an administrative wage claim is explained in our article How to File a Wage & Hour Claim in California. The pros and cons of wage claims and civil lawsuits are also discussed in that article.
Of course, the best way to resolve a wage dispute will depend on the employee’s specific situation. It’s usually a good idea to get the opinion of a lawyer before deciding how to proceed.
I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!