HVAC company offering a dispatch position. Already had an initial interview, that is when they told me about this "work test" thing. I have never heard of anything like this before and it set off some red flags
I got payed last on June 19th which is everyone’s payday (every 2 weeks) I have direct deposit. I got fired the 27th and so I thought I would get my last paycheck on payday, but I didn’t. That was suppose to be on the July 3rd. It’s July 17 and still nothing. Also when I got fired, the... Read more »
Under California law your employer is generally required to pay your final wages at the time of your termination. If they failed to do so, you may recover the unpaid wages plus you may be eligible to recover a penalty in the amount of your daily earnings for up to 30 days.
I'm considered exempt. While I'm learning, commissions don't exceed min wage, so they pay minimum. I work 12-hr shifts. Must they pay OT for hours exceeding 8 per day/40 per week, or can they pay straight time for everything? Seems to me that, while they're paying me minimum wage, I should not be... Read more »
My employer provides earned sick leave vs lump sum hours provided at the start of the year. But they also have a use it or loose it policy, no unused sick leave is rolled over into a new year. They offer more than the min required amount of sick leave, but on Jan 1st we start over with a 0 balance.... Read more »
In general, under the Healthy Workplaces, Healthy Families Act of 2014, an employer who had an existing paid leave policy or paid time off plan at the time the law went into effect in 2015, can maintain those policies and be deemed in compliance if the plan meets the following requirements:...Read more »
I had earned my commissions as of my termination date (5/1/2018) and submitted written request for payroll records the same day. They are now past the 21 day period allotted for in labor code 432. How do I collect the $750 that I am owed per labor code 226 (b) and (c)? I think they will also fault... Read more »
Penalties for failure to produce the requested employment records may be recovered by the Labor Commissioner or through a civil action. If you have unpaid wages you may also be entitled to recover the wages and waiting time penalties.
You should consider contacting an employment attorney...Read more »
Notice was placed 4/2/18, last scheduled day of work was 4/21/2018. Received last two weeks of work paycheck 4/26/2018 and accrued vacation check on 5/1/2018. Am I due 8 business days of wages or 10 days total of wages? I’ve emailed the store I worked at along with the benefits administrator... Read more »
Since you were terminated, your employer was required to pay you all wages due immediately. If your employer failed to pay, then as a penalty to your employer your daily wages continue to accrue from the date of your termination until they are paid (for up to 30 days). The penalty continues based...Read more »
This question involves analysis of a lot of specific facts and potential issues that cannot be addressed very well in this forum. You should consider consulting an employment lawyer to discuss the matter privately and evaluate your options.
If you are terminated, your employer is required to pay you all wages due immediately. If your employer fails to pay, then as a penalty to your employer your daily wages will continue to accrue from the date of your termination until they are paid (for up to 30 days). In your case it sounds like...Read more »
If you are terminated, your employer is required to pay you all wages due immediately. If you resign, then your employer has up to 72 hours to pay. If your employer fails to pay, then as a penalty to the employer your daily wages continue to accrue from the date the wages were due until they are...Read more »
A reduction in available sick days without them being used may be problematic.
Under The Healthy Workplaces Healthy Families Act, California employers are required to provide paid sick leave to certain employees. An employer can satisfy the requirements by providing the full three days of...Read more »
I asked for a raise in the beginning of the year I only got $0.50 but I read online that if you have more than 26 employees working for you you need to pay them the minimum of $11 an hour. So my question is how much is a minimum wage in the state of California.
Under California law, if you are terminated you must be paid all outstanding wages on your last day of employment. If you resign, your employer generally has 72 hours to pay all outstanding wages. If your employer did not comply, you are entitled to the outstanding wages and may also be able to...Read more »
I’ 18 and works part time in a bakery for the fourth month. We have more than one stores with over 26 employees in total of these stores, and I have worked in all three stores every month depends on the shifts. I usually do not get tipped often and so I’ve never received any tips. I am... Read more »
Under California law, you must be paid for all work hours. An employer cannot make you work "off-the-clock" in order to avoid paying you or to avoid incurring overtime obligations. Your are also entitled to a 10 minute rest break and a thirty minute meal break if you work more than five hours in a...Read more »
If you not exempt from overtime pay, then your employer must pay you the appropriate overtime premium for all overtime hours worked. In general this includes all hours worked in excess of 8 hours in a day or in excess of 40 hours in a week. Your employer must also accurately report and compensate...Read more »
I filled out my w2 when I started.i received my 1st check late..my 2nd check bounced and since then I haven't been paid on time or in full. I have no indication of how much hes taking out of my checks each week.i haven't received my tax forms from him so I'm not sure what taxes are taken out...what... Read more »
Under California law, your employer must pay you in full for all hours worked. You must be paid on time, on the regularly scheduled payday. Along with your paycheck, your employer must also provide a wage statement detailing, among other things, your hours worked, rate of pay, and all deductions....Read more »
I am in sales and if my client does not pay within 40 days my commission is reduced by 25% over 60 days it is reduced by 50% and over 90 days I get no commission for the sale. If the client pays my company after 90 days they still get payed but the sales people receive zero commission. We have a... Read more »
This will depend on the terms of your commission agreement. In California an employee working on a commission basis must be provided with a written agreement, which must be signed by the employee. A commission agreement would typically set forth the commission rates, as well as the method of...Read more »
My company is based in Kentucky and doesn’t always follow or understand California labor laws. They operate locations in 26 states. In 2018 they switched to a company wide pto plan where they “gift” all pto hours on January 1 and believe by saying its a “gift” they don’t have to pay it... Read more »
Under California law, earned vacation time is considered a form of wages. Therefore, a "use it or lose it" policy for earned vacation time is not valid under California law. However, an employer may place certain reasonable limits on a vacation policy, such as a "cap" or "ceiling" on the number of...Read more »
Just started two weeks ago at job employer not given me w4 to fill out as hourly employee. Found out he has decided to classify me as independant contractor and now paid me with cash so he wont have to pay any taxes. I work at an auto garage and am being trained as I go, all work is at employers... Read more »
There are several potential issues that should be addressed. Based on your description of the job you are performing, you should likely be considered an employee and compensated accordingly. You should consult with an experienced employment attorney to further discuss your rights and options.
Today I saw a my time card and realized I am only being paid 6.5 hours when I work a full 7 hour shift, 4 days/week. I have never been relieved for rest or meal breaks. I fill my time card out with the appropriate hours worked and leave the breaks empty as I do not receive them. When I saw my time... Read more »
As an employee in California, you are entitled to be paid for all hours worked. You are also entitled to meal and rest breaks, including a 10 minute rest break for every four hours worked, as well as a 30 minute off-duty meal period when you work more than five hours in a day.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.