Month: February 2016

What are Work Deductions?

What are Work Deductions

An employer can lawfully withhold amounts from an employee’s wages only in the following 3 situations:

1. When required or allowed to do so by state or federal law, or
2. When a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not related to a rebate on the employee’s wages, or
3. When a deduction to cover health, welfare, or pension contributions is expressly authorized by a wage or collective bargaining agreement.

The ability of an employer to deduct money from an employee’s wages due to a cash shortage, breakage, or loss of equipment is specifically regulated by the Industrial Welfare Commission Orders and limited by court decisions.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Advertisements

Can an Employee Agree to Work for Less than the Minimum Wage?

Can an Employee Agree to Work for Less than the Minimum Wage

As of January 1, 2016, the minimum wage in California is $10.00 per hour.

However, can the employee agree to work for less than the minimum wage? The answer is, “no.”

The minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements.

In fact, according to Civil Code Sections 1668 and 3513, any law written for the protection of employees may not be violated by agreement between the employer and employee.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

What’s the Difference Between the Local, State and Federal Minimum Wage?

What’s the Difference Between the Local, State and Federal Minimum Wage

Most employers in California are subject to both the federal and state minimum wage laws. Also, local entities (such as cities and counties) are allowed to have their own minimum wage rates and several cities have recently adopted law which establish a higher minimum wage rates for employees working within their local jurisdiction.

The effect of this multiple coverage by different government sources is that when there are conflicting requirements in the laws. What that means is that the employer must follow the stricter standard; that is, the one that is the most beneficial to the employee.

Thus, since California’s current law requires a higher minimum wage rate than does the federal law (effective January 1, 2016, the minimum wage in California is $10.00 per hour), all employers in California who are subject to both laws must pay the state minimum wage rate unless their employees are exempt under California law.

Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Employers: What to Do if you have Non-Negotiated Checks You Haven’t Paid to your Fired Employees?

Employers - What to Do if you have Non-Negotiated Checks You Haven’t Paid to your Fired Employees

If you’re an employer and you have non-negotiated checks on your books which are made payable to employees whose employment has been terminated — for example, because you are unable to locate the employee — and you have made all reasonable efforts to pay the wages, you have to send the non-negotiated checks with an explanation of your efforts to contact the employee to the nearest office of the Labor Commissioner.

The California Labor Commissioner will make further efforts to locate the employee to make payment of the wages and, if unsuccessful, the checks will be deposited into the State of California Unclaimed Wages Fund.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

How does the California Prevailing Wage Affect me?

How does the California Prevailing Wage Affect me

In California, the prevailing wage rate is the basic hourly rate paid on public works projects to a majority of workers engaged in a particular job, classification or type of work within the locality and in the nearest labor market area. Keep in mind that is only applicable if a majority of such workers are paid at a single rate.

If there is no single rate paid to a majority, then the single or modal rate being paid to the greater number of workers is prevailing.

California’s prevailing wage laws makes sure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to use the same wage rates when bidding on a public works project.

California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

How Long Do I Have to File a Rest Period Claim?

How Long Do I Have to File a Rest Period Claim

If you have a claim for your employer not giving you enough or any rest period during your work, the length of time you have to file a claim is within three (3) years of the alleged rest period violation.

In the case of Murphy v. Cole, the California Supreme Court held that the remedy for meal and rest period violations of “one additional hour of pay” under Labor Code section 226.7 is a wage subject to a three-year statute of limitations.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Can I Have More Rest Break if I’m a Smoker?

Can I Have More Rest Break if I’m a Smoker

In California, the Industrial Welfare Commission Wage Orders require that employers have to allow nonexempt employees to take a rest period that must be taken in the middle of each work period.

The rest period is based on the total hours you work daily and must be at the minimum a total of ten consecutive minutes for each four hour work period.

Under California law, rest period time is based on the total hours worked daily, and only one ten-minute rest period need be allowed for every four hours of work.

So, no, you cannot have more rest break if you’re a smoker — unless if your employer expressly allows you to.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Can My Employer Require that I Stay to Work on the Premises During My Break?

Can My Employer Require that I Stay to Work on the Premises During My Break

The short answer to whether your employer can require you to stay on work on the premises during your break or rest period is that, “yes,” your employer can require that you stay on the premises during your rest break.

Since you are being compensated for the time during your rest period, your employer can require that you remain on its premises.

And under most situations, the employer is required to provide suitable resting facilities that have to be available for employees during working hours in an area separate from the bathroom facilities.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/