农民工讨薪日记贴

前传： https://www.uscardforum.com/t/topic/490496/7 吊毛野鸡公司真的直接ghost一分钱不出硬白嫖，让AI 研究了一通合同说合同里我放弃了诉讼所以只能走仲裁，今天把Demand for Arbitration用USPS送出去了，开个帖子记录讨薪log，要是真的讨薪失败那我以后开公司就以这个合同为模板自己也翻身当黑心老板 要是有人也追讨过工资欢迎交流经验

你是wage claim么？这种可以找labor department或者州ag office问问。这个和arbitration不太一样。

附议，wage claim先试试找州政府，劳工部的wage and hour division https://www.uscardforum.com/t/topic/322622/21 https://www.dir.ca.gov/dlse/dlseSupportingDocs.html How to File a Wage Claim If you have experienced https://www.dir.ca.gov/dlse/Examples_of_Wage_Theft.html, file a wage claim with the Labor Commissioner’s Office by https://www.dir.ca.gov/dlse/DistrictOffices.htm, 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. A wage claim starts the process to collect on those unpaid wages or benefits. California’s labor laws protect all workers, regardless of immigration status. Required documentation https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm#page_tabs Required documentation https://www.dir.ca.gov/dlse/dlseSettlementConf.html#page_tabs https://www.dir.ca.gov/dlse/dlseWageHearing.html#page_tabs https://www.dir.ca.gov/dlse/dlseAfterHearing.html#page_tabs You may need to provide additional information after you file your wage claim. By law, your employer must keep accurate time and payroll records. Your employer is also responsible for giving you an itemized wage statement each time you are paid. You are not required to keep your own time records. The Labor Commissioner requests these documents if you have them available, because they can help the Labor Commissioner’s Office better understand your claim. Supporting documents Submit one copy of the following documents, if you have them. Do not submit original documents (at a formal hearing, the hearing office may want to examine original records if you are contending that your employer falsified the records). Time records Provide a copy of any records you kept of the hours and dates you worked that support your claim. Paychecks and paystubs Provide a copy of any paychecks and paystubs you received showing the wages you were paid during your claim period. Bounced paychecks If you were paid with a paycheck you could not cash because your employer has no account with the bank, or has insufficient funds, please provide a copy of any bounced check(s) or other documentation from the bank that indicates the reason why the check could not be cashed. Notice of employment information Provide a copy if you received a notice from your employer after January 1, 2012 that indicates your basic employment information including your rate of pay, any overtime rate of pay, whether you were paid by the hour, shift, day, week, salary, piece, commission, or otherwise, and your regular payday. Collective Bargaining Agreement – If your employment was covered by a union contract, please let your deputy labor commissioner know.

问了AI 说我不是W2不能走这个啊，合同工也太惨了 #p-8016405-the-catch-employee-vs-independent-contractor-1The Catch: Employee vs. Independent Contractor State Departments of Labor exist to protect standard W-2 employees. Generally, the DOL does not handle B2B (business-to-business) contract disputes or unpaid contractor invoices. If you file a standard wage claim, the DOL might look at your contract, say, “You are a contractor, this is a civil breach of contract issue,” and dismiss the claim, pointing you right back to arbitration.

蹲一个，很好奇美国怎么处理这种纠纷，和东大比起来怎么样

多钱 少的话小额一下

哦哦，管wage theft的部门确实不管contractor。你可以再看看去small claims court的选项，即使有强制arbitration条款有时候还是可以去small claims court的。

qweasdzxc123: 自己也翻身当黑心老板 小心碰到头铁的

合同上写了只能走仲裁

没事，自己实操一遍，要是真的要不回来钱说明别人要讨工资也是同样的难度 把公司地址放一个挂靠地址就行，到时候员工要来真实老板也找不到人

AI 说得先走仲裁，仲裁判决对方付钱但是拒付的情况下可以接着走小额法庭，不能一开始就走诉讼因为合同上规定了有纠纷只能走仲裁

国内套路基本这个时候公司已经注销，资金已经转移好了，你告吧，肯定赢，但赢了也拿不到钱的，参考各种健身房跑路

04/22 - 正式发起仲裁，看网上说流程几个月到几年不等 难怪黑心老板要赖账，这违法成本也太低了

06-11 update：仲裁才刚接受审理，我这边得交$400，雇主承担剩下的filing fee，傻叼公司一如既往装看不见，我估计公司也不会付剩下的钱走仲裁，这样仲裁估计直接停摆然后我才能继续escalate走小额法庭诉讼