California is known as an employee-friendly state, with many employee rights, including compensation. We have very specific laws on how much employees are to be paid and when they are to be paid. Unfortunately, navigating the myriad of laws can be difficult for even the most experienced employer.
Wage And Employment Compensation In California
California has numerous employment laws about the amount and payment of wages. Although there are different ways to determine compensation, such as hourly, salary, piecemeal and commission, at a minimum, all compensation must meet the current minimum wage of the state for the time actually worked. In fact, an employee cannot agree to work for less than the minimum wage.
In addition, if an employee is hourly and works more than eight hours a day, or more than 40 hours in a workweek, the employee is entitled to overtime compensation.
An employee may receive a salary rather than being paid for the number of hours worked. As a general rule, salaried employees are exempt from being paid overtime no matter how many hours they work in a week. However, not every employee is eligible to be a salaried employee. There are certain criteria that must be met before a position qualifies as a salaried position. In addition, the salary for a salaried position must be at least two times the current minimum wage.
Payment Of Wages
In general, employees must be paid at least twice per month. If an employee is fired or quits with more than 72 hours’ notice, the final paycheck is due upon termination. If an employee quits with less than 72 hours’ notice, then the final payment is due no later than 72 hours after resignation. All accrued but untaken vacation time must also be paid with the final paycheck.
In addition, employers must provide the employee with a pay stub showing the calculation of wages and all deductions from the wages.
Penalties For Noncompliance
There are numerous penalties imposed on employers for failing to pay minimum wage, failing to pay all overtime hours worked and failing to pay wages when due, such as waiting time penalties of up to 30 days, and interest.
For More Information, Reach Out To Our Law Firm Today
If you are an employer and are unsure about your employee wage obligations and have had an employee file a claim against you either in court or with the Labor Commissioner for unpaid wages, the attorneys at Branfman Mayfield Bustarde Reichenthal, LLP can help you. Contact us online or call 858.793.8090 today for a initial phone conversation with one of our experienced lawyers to advise you of your rights and obligations for the payment of employee wages.