TIME IS MONEY, ESPECIALLY IF VACATION TIME. Employers who have “official” break policies, but in fact have department wide work practices that require skipping breaks, or department, plant, or office-wide work demands that make breaks highly impractical, or that result in discipline for not completing work due to taking breaks – will be in violation of the law, and subject to numerous pay-period penalties. The break is due for any major fraction of a four-hour block of work, and to the extent practical should be provided in the middle of the four-hour block. Also, the employer must provide a 10-minute rest break that is truly free from compelled labor. In fact, give me at least a truly free, uninterrupted 30-minute meal break for each five hours worked, with the break to be no later than the fifth working hour. Also, if some deductions have been taken from paychecks, but a balance remains on termination or resignation of employment, the employer cannot take a “full repayment” from the final paycheck. If you loan an employee money, you can’t recover the loan from payroll without a signed written agreement, and the amount must never leave the employee with less than the minimum wage as paid wages. That is, damage or liability by employee negligence is a cost of doing business, and is not subject to indemnification or payback by the employee. Employers be warned: you can’t use the payroll to recover for losses that may be related to employee actions, but which are not caused by wilful destruction or intentional loses.This consideration is especially important in PAGA cases where the penalty is subject to a relatively short 1 year statute of limitations.ĮMPLOYEES CAN’T BE REQUIRED TO COVER THE EMPLOYER’S COSTS. You should keep in mind that the “statute of limitations” is a rolling timeline, with each pay-period dropping off the recoverable lists of pay-period violations. Each pay period becomes the basis for a new violation, and a new penalty. Employers must pay non-exempt employees at least biweekly.The PAGA law allows employees to recover penalties that previously could only be collected by the State of California. This type of case is attractive to Plaintiff’s attorneys because the law allows the employees to pursue a court action as a group similar to a class action, and called a “PAGA” case. Misclassifying employees as independent contractors exposes the employer not only to the penalties associated with the misclassification, which are substantial, but also to all the pay-stub and overtime violations and penalties related to paying a flat sum as compensation with no pay-stub or deductions. MISCLASSIFYING EMPLOYEES CAN RESULT IN MASSIVE WAGE VIOLATION PENALTIES.Ģ. all applicable hourly rates and all deductions.for employees paid on a piece-rate basis, the applicable piece rate and units earned. the total hours worked for nonexempt employees.
0 Comments
Leave a Reply. |