Month: August 2017

Overtime Violations in California

Daily time record with blank payroll time sheet

Federal law requires overtime pay only if employees work more than 40 hours a week. California law imposes this same requirement.

In addition, California employees are entitled to earn regular overtime (time and a half, or 50% on top of their regular hourly rate) if they work more than eight hours in a day.

The same rate applies for the first eight hours of work on a seventh consecutive workday. California law provides double time to employees (twice their regular hourly rate) if they work more than 12 hours in a workday or more than eight hours on a seventh consecutive workday.

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

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Violations for Tipped Employees

Violations for Tipped Employees

Under federal law, employers can pay a lower minimum wage to tipped employees (called taking a “tip credit”), as long as the employees make enough in tips to bring their total hourly earnings up to at least the applicable minimum wage. If employees don’t earn enough, their employers must make up the difference.

However, unlike several other states, California does not allow employers to take a tip credit. Instead, employers must pay tipped employees the full state or local minimum wage in addition to their tips. Employers who take tip credits are violating California law.

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

Minimum Wage Violations in California

Minimum Wage Violations in California

Employers violate minimum wage rules by:

1. paying employees the federal minimum wage rather than the higher state amount (or paying employees the state wage rather than a higher city wage)

2. paying employees a “salary” that averages out to less than the minimum wage per hour, or

3. failing to pay employees for all hours worked by, for example, requiring employees to work “off the clock” or work through their lunch breaks.

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

Common Wage Violations in California

Common Wage Violations in California

California has some of the strongest employee protections in the country when it comes to wage and hour issues.

Among other things, California employees have the right to meal and rest breaks, overtime after eight hours of work in a day, and a minimum wage that’s higher than the federal standard.

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

Rules for Final Paychecks – Part II

Rules for Final Paychecks - 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

Rules for Final Paychecks – Part I

Rules for Final Paychecks - Part I

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

California Paycheck Laws

California Paycheck Laws

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

Tip Basics for Employees – Part II

Tip Basics for Employees 2

California does not allow employers to take tip credits. Employers must pay employees at least the California minimum wage for each hour worked, in addition to any tips they may receive.

The current minimum wage in California is $10 for smaller employers (those with up to 25 employees) and $10.50 for larger employers (those with 26 or more employees). And, if local law has a higher minimum wage, the employer must pay the higher rate. For example, the minimum wage in San Francisco is currently $13.

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