Legal advice regarding wage claims with the Labor Council
Hello, We have filed a wage claim against my husbands employer. My husband worked over 450 hours of overtime in 12 weeks as a salaried employee. He promised to pay it for two months after the 11 weeks that we agreed upon.
When it was time for two months' paid money, the landlord told him he didn't have the money for it. So we made a wage claim. When we were filling him in, we realized he was a non-exempt employee due to the physical labor (cleaning loading hauling + delivering boats to the docks, picking up) that he was performing, so he owes actual overtime for those documented hours.
Yesterday we got the employers reply and they said my husband was a manager of five full time employees and wasn't running the boats himself. This is a lie, there were no other staff members at all. His entire job was to operate the boats. How can we move forward? Do we need proof that he took over all the boats himself? How do we get that? Use the company credit card to refuel the boats.
The owner would need to prove that he had 3 other full time employees and that my husband was their manager, right? The only people I think he would tell were his wife and kids (who didn't work there). Will he need to prove their wages?
We didn't expect him to fabricate such lies.
Thanks for your help here!