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Example if you agreed to 40 hrs a week 5 days a week 8 hrs a day can they just tell you it change to 52 hrs a week and not raise your salary or try to fire you if you can’t commit to 52 hrs a week
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answered on Aug 30, 2019
If you are properly classified as an exempt employee and paid on a salary basis, then your employer could increase your hours without any additional pay, unless you have a contract that states otherwise.
That being said, many employees are incorrectly classified as exempt and paid a salary... View More 
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
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answered on Jul 18, 2019
You are required to be paid at least minimum wage for all hours you perform work on behalf of the company. This sort of work-for-free period would not be permitted.
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... View More
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answered on Jul 17, 2019
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.
You should... View More
My last job only gave 1 10 minute break and a lunch, but I wasn't sure if another 10 minute break was needed. What is the correct amount of breaks for 7½ hours?
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answered on Jul 4, 2019
With a work shift of 7.5 hours, you would be entitled to a 30-minute lunch break and two 10-minute rest breaks.
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... View More
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answered on May 17, 2019
To answer your question fully would require more details on your current job situation. It is not clear from your question which overtime exemption your employer is applying to your job position.
In a recent case, the Supreme Court in Encino Motorcars v. Navarro determined that service... View 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.... View More
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answered on Feb 28, 2019
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:... View 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... View More
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answered on May 23, 2018
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... View 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... View More
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answered on May 7, 2018
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... View More
Hello,
We are a small drywall company in Ventura, CA - under 10 employees. We have had an employee that fell off a ladder and a work comp claim was filed. He was on light duty and now is fully released.
However, we have found that he has been lying about his hours worked and... View More
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answered on May 2, 2018
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.
I was terminated April 25 and was told the accountant won’t be back until May 5th for my final check
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answered on Apr 30, 2018
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... View More
It is my understanding that i was entitled to my check 72 hours after termination. Furthermore state law is every day not paid i shall receive one days wage for every day .
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answered on Apr 18, 2018
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... View More
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answered on Apr 17, 2018
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... View 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.
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answered on Apr 12, 2018
As of January 1, 2018, the California minimum wage for employers with 25 employees or less is $10.50/hour. The California minimum wage for employers with 26 employees or more is $11.00/hour.
Total amount owed just for me =8,478.00
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answered on Apr 10, 2018
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... View 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... View More
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answered on Apr 9, 2018
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... View More
What should I do?? also there's another co worker that is also getting affected were powerless .
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answered on Apr 9, 2018
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... View 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... View More
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answered on Apr 5, 2018
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.... View 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... View More
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answered on Apr 5, 2018
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... View 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... View More
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answered on Apr 4, 2018
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... View 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... View More
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answered on Apr 3, 2018
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.
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