California Personal Liability For Unpaid Wages
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FAQ
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.
California Labor Code 558.1 LC renders a person individually liable if they: act on behalf of an employer; and. fail to follow wage and hour laws (such as by not paying overtime or providing rest and meal breaks).
To be held personally liable, the individual must have either a) been personally involved in the purported violation; or b) participated in activities of the employer related to the alleged violation(s)- e.g., approving payroll practices, implementing timekeeping procedures, etc.
Hear this out loud PauseIF YOU HAVE EXPERIENCED WAGE THEFT, FILE A WAGE CLAIM WITH THE LABOR COMMISSIONER. You must file claims for violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements within three years. You must file claims based on an oral promise to pay more than minimum wage within two years.
If you have experienced wage theft, file a wage claim with the Labor Commissioner's Office by email, mail or in person. Workers in California have the right to file a wage claim when their employers do not pay them the wages or benefits they are owed.