California Labor Commissioner Paid Sick Leave Denial Awards!
#vaccine #mandates #employment #litigation #inproper
During the three month suspension before termination I requested sick leave. The employer arrogantly denied sick leave pay. As a part of the litigation against my former employer I filed a claim with the California Labor Commissioner for denied sick leave. Eleven hours of sick leave were denied. My hourly rate was $29/hour. The total denied was $319.00 The Labor Commissioner has asserted two penalties under Labor Code Section 248.5(b)(3) and Labor Code Section 248.5(b)(2).
The first penalty was for $75.00! The form stated “If a violation of the Labor Code provisions on paid sick leave results in other harm to the employee or otherwise results in a violation of the rights of the employee, the employee shall be entitled to a sum of $50.00 for each day or portion thereof that the violation occurred or continued not exceed $4,0000.00. (See Labor Code Section 248.5(b)(3))” My claim was pro-rated for 1.5 days.
The Second Penalty calls for a penalty multiplied by 3, or $250.00, whichever is greater, but to exceed $4,000.00. (See Labor Code Section 248.5(b)(2)). My claim was awarded an additional $957.00! For $319 in denied sick leave the CA Paid Sick Leave laws entitle $1,032.00 in damages for a total of $1,051.00!!
Both penalty statutes not to exceed $4,000!!!
Correction $1351.00 total