I say YES. YOU say NO....Numero Tre! Enjoy!

We finally got a decision from the appeals judge on our unpaid wages complaint!

As a recap, eight of my massage therapy team (including myself) from my former studio filed unpaid wages complaints because we weren't paid for being required to come into the studio before our shifts started to set up rooms, for time spent cleaning the rooms between sessions, or for other cleaning and side work we were required to do. We did this in May of 2022 - almost three years ago! Last year, we finally landed an investigator who found that we were due backpay and awarded us the maximum that the state could award. He also found that the wage theft had been willful, which increased the penalties from 2x backpay owed to 3x backpay owed. To encourage employers to settle quickly, CO says that if the monies are paid out early, they will cut the penalties to half (1.5x) and completely waive the penalties owed to the state. But to qualify for the decreased penalties, they cannot appeal the dollar amounts awarded. But he didn't like the 'willful' part of the decision and chose to appeal. He sent us a penalty check for 1/2 of the non-willful amount (1x) instead.

So technically, he won. The judge decided that the willful determination was not accurate and repealed that part of the investigator's decision. But since he appealed the dollar amounts, he no longer qualified for the reduced penalties. Since he only paid us 1x in penalties, he now owed us another 1x penalty check to bring it up to the 2x penalty from the initial decision. And he now owes over $27,000 in state fines as well. His ego cost him just under $100,000 - and that's not counting however much he paid his lawyer. If he doesn't pay us in 60 days from the judgement, the penalties all double.

He still has the right to appeal again, if he wishes. But filing an appeal after you "won" is kind of weird. If he tries it, I hope the judge will recognize it for stalling tactics and hold him to the post-deadlines amounts. It's nice to have something resembling closure, but I'm not done fighting until we have checks in our hands.

Miriandra…….whew. A really long haul for you and co-workers. I do hope your checks all get to all of you in a very timely fashion.

So, this guy does not think he acted willfully. I think your investigator was right. The owner was a cheap skate in my book and did everything possible to avoid fairness which is just decency. He drags his feet and in part I've felt some of that was just to get in your face and on your nerves. At this point I think he is spiting himself more than anyone else, but he can't seem to figure out how to back down. Seems a lot like Trump so sure what he is doing is helping him save face in some goofy way when it is just the opposite.

Here's hoping he really won't be foolish enough to appeal. You all have waited so much longer than you should have had too.

Nothing says 'family values' like deporting 4 year old American citizens with cancer......