Month: May 2017

Rules for Final Paychecks in California – Part II

Rules for Final Paychecks in California - Part II

If you quit your job and give your employer less than 72 hours’ notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours’ notice, you must be paid immediately on your last day of work. Like employees who are fired or laid off, your final paycheck must include all of your accrued, unused vacation time or PTO.

To discourage employers from delaying final paychecks, California allows an employee to collect a “waiting time penalty” in the amount of his or her daily average wage for every day that the check is late, up to a maximum of 30 days. For example, if you typically earn $80 a day and your employer is ten days late with your check, you may be able to collect a penalty of $800.

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

Advertisements

Rules for Final Paychecks in California – Part I

Rules for Final Paychecks in California

If you are fired, laid off, or otherwise involuntarily separated from your job, you are entitled to your final paycheck immediately (that is, at the time of your firing or layoff).

Your employer may not wait until the next scheduled payday or even the next calendar day to pay you what you are owed. And, your final paycheck must include all of your accrued, unused vacation time or PTO.

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

What California Pay Stubs Must Include

What California Pay Stubs Must Include

California law requires employers to give employees an itemized written statement with every paycheck. This statement, which can be in the form of a detachable pay stub or a separate document, must include the following information:
– the total gross wages the employee earned during the pay period
– the total hours the employee worked during the pay period
– the number of units and rate for any piece-work the employee performed
– all deductions from the employee’s pay
– the employee’s net pay
– the dates included in the pay period
– the employee’s name and the last four digits of the employee’s Social Security number
– the employer’s full name and address, and
– all hourly rates in effect during the pay period and the number of hours the employee worked at each rate.

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

California Payday Laws

California Payday Laws

Generally, California employees have the right to be paid at least twice a month. Compensation earned between the 1st and the 15th of the month must be paid no later than the 26th day of the same month.

Compensation earned from the 16th of the month through the end of the month must be paid no later than the 10th day of the following month.

If an employer pays employees weekly, every two weeks, or twice a month according to a different earning schedule, it may comply with the payday laws by paying employees for work performed within seven days after the end of the pay period.

For example, an employer that pays employees every two weeks is following the law as long as it pays employees within a week after each two-week payroll period closes.

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

Paycheck Law Requirements in California

Paycheck Law Requirements in California

California may be the most protective state when it comes to employee rights, including the right to be paid on time.

California laws on paychecks and paydays cover when you must be paid, what information your employer must provide with your paycheck, when you must receive your final paycheck if you quit or are fired, and what that final paycheck must include.

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

Violation of Employment Public Policy in California

Violation of Employment Public Policy in California

Employees may not be fired for exercising a legal right, refusing to commit an illegal act, or complaining about workplace illegality.

Public policy claims are similar to, but slightly different from retaliation claims. A retaliation claim is based on a specific legal provision in an employment law that prohibits employers from firing employees for exercising that right or filing a complaint about being denied that right.

Wrongful termination in violation of public policy is a type of personal injury (tort) claim, which means a successful employee can collect not only lost wages and benefits, but also damages for emotional distress, and punitive damages (where an employer’s actions are particularly bad).

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

Employment Retaliation Claims in California – Part II

Employment Retaliation Claims in California 2

California is perhaps the state that offers the most protections for employees, which means there are many potential bases for retaliation claims. If you were fired for making a complaint or exercising a right granted by law, you may have a claim against your employer.

The damages available for retaliation claims depend on which law you were exercising your right under. Typically, though, a successful employee can collect not only lost wages and benefits, but also attorneys’ fees, damages for emotional distress, and sometimes punitive damages.

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

Employment Retaliation Claims in California – Part I

Employment Retaliation Claims in California

An employer may not fire an employee for exercising, or trying to enforce, their employment rights.

For example, you may not be fired for filing a complaint of discrimination or harassment, requesting or taking family and medical leave, taking time off to serve on a jury, filing a workers’ compensation claim, or complaining about illegal wage and hour practices (such as unpaid overtime or illegal tip sharing arrangements).

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

Employment Discrimination Claims in California

Employment Discrimination Claims in California

Employers may not make job decisions, including whether to fire an employee, based on certain protected characteristics. In California, these characteristics include race, color, national origin, religion, sex (including pregnancy), age, disability, genetic information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political beliefs or activities, military or veteran status, or status as a victim of domestic violence, stalking, or assault.

If you were fired because of your membership in a protected class, you may have a strong wrongful termination case. If you win a discrimination lawsuit, your employer can be forced to pay not only your lost wages and benefits, but also your attorneys’ fees and court costs, damages for your emotional distress, and possibly punitive damages.

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