In California, employers are required by law to give their employees their final paycheck after the termination of their employment. According to California labor laws, payments should be made on regular paydays or at least twice during each calendar month. Any wages earned between 1st and 15th of the month in question should be paid before 26th of that month. Likewise, wages earned on the 16th day of the month should be paid before 10th of the following month. And if the employee had worked overtime, the employer is obligated by law to add the amount in the next regular pay period. The employer must also pay all the accrued vacation at the time of termination.

When an employee is laid off/fired, he or she is entitled to the final paycheck immediately. On the other hand, if an employee quits without giving notice the employer is bound by law to give the final paycheck within 72 hours. But, if you quit by giving three days notice to your employer, you should have your paycheck on the last working day. However, you’re not entitled to any payments on unused paid sick hours. And in case you have a mutual agreement with the employer to mail the last paycheck, he cannot force you to come to the office to pick it.

What are the unique rules to specific industries?

Film industry

All short-term employees involved in broadcasting or motion picture production should collect their paychecks from the employer the next regular payday. But, if the employees are working under a collective bargaining agreement, alternative provisions on final payments may apply.

Agriculture industry

Seasonal employees who work with canning or drying fish, vegetables or perishable fruits are entitled to payments within a reasonable time not exceeding 72 hours.

Live entertainment

Any employee working at live concert events should collect his or her final pay as provided in the bona fide collective bargaining agreement.

Oil industry

Employers who lay off employees engaged in oil drilling should be paid within 24 hours, excluding weekends and holidays.

Waiting Time Penalties

If you’ve been terminated and your employer has failed to submit the final paycheck, you’re a victim of wage theft. For each day the employer delays the last payment, you’re entitled to collect money as a waiting time penalty on your previous employer. In California, this penalty is calculated by taking the employee daily rate and then multiply by the number of days that remain unpaid (up to 30 days). Even after collecting final paychecks on time, employees may still be entitled to waiting time penalty if they did not receive all compensation.

If your employer has failed to give the final paycheck on time, you should seek the services of UELG (united employee law group) to file a lawsuit against him or her.

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Introduction

Severance pay, also referred to as a General release, separation agreement, Termination agreement and Exit agreements is money paid to an employee who has been laid off, resigned or fired by an employer. The main purpose of severance payment is for employers to give employees instant-though slightly small- payment for them to surrender their legal abrupt termination rights. On receiving the money, an employee accepts to give up all liability relating to employment law violation that relate to the employment relationship. Such an employee is bound by the agreement not to sue his or her employment and demand for full termination benefits as stipulated by law.

General layoff protection in California

According to Chapter 4, Part 4, under section 1400-1408 of the Californian Labor Code, Workers Adjustment and Retraining Notification (WARN)safeguards employees, communities, their families by stipulating that employers issue a 60-day notice to the concerned employees as well as state and local representatives to before mass layoff or plant closing. The idea is advance notice allows employees and their family members to adjust and transition to the loss of employment by either retraining or acquire new skills to compete favorably in the job market.

So, why do employers like severance agreement?

A work severance agreement works in the favor of the employers. They use exceedingly wide language while drafting the agreement to protect themselves from any future legal liability or lawsuit. When an employer successfully convince you to sign the agreement, and in the process surrender you legal rights, including the right to take any other legal action, he or she saves a lot of money. They avoid paying fines for violation of the any labor law.

Should you sign it?

Even before considering whether you should sign or not, be sure to read it carefully and understand and every item in the agreement. After reading and understanding it, weigh carefully the consequences and its fairness. It is always advisable to consult a seasoned employment attorney. The attorney will help you understand if your rights are violated in any way. With such a valuable knowledge you will be in a better position to decide to accept or reject the severance agreement.

What claims cannot be released?

A California employer cannot ask you to waiver money or benefits relating to;

• Minimum wage
• Overtime
• Unemployment insurance benefits
• Worker’s compensation benefits

Any severance agreement that releases any of the above claims is not enforceable.

Conclusion

A severance agreement as well as the amount you are offered by your employer is totally negotiable. If you feel you deserve more than you are offered, feel free to demand more in exchange of the legal rights you are giving off. Note, though, that deciding whether you should accept or reject Termination agreement is not an easy choice. Take your time. Weight cautiously the advantages of instant payment against the possibility of later on losing a bigger employment lawsuit recovery.

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California employees are entitled to certain expectations when it comes to getting paid. There are exceptions to most any rule of course, which you can find in the chart that follows, but otherwise the information here regards the pay guidelines for all California workers.

1. California employees are required to be paid at least two times in every month. The employer must have predetermined pay days that the employee can count on being paid all wages owed. In addition, the company must post in writing how, when and where payment will be remitted.

2. All wages earned from the 1^st day to the 15^th day of the months must be paid to the employee by the 26^th day of that month; likewise pay earned from the 16^th day to the end of the month must be received by the employee by the 1oth of the following month. If your pay period is other than above, such as bi-monthly or every two weeks, you must be paid no later than 7 days after the end of that pay period. If your employer fails to comply with this timeline they may be liable for penalties and interest.

3. All overtime pay earned must also be paid in the following pay period, and all overtime pay must comply with the labor code.

4. If you are fired or let go your company must pay all the money they owe you within 24 hours of leaving the company. This includes wages, commissions and accrued vacation time.

5. Anyone laid off on a seasonal job must likewise be paid within 72 hours of the layoff date.

Some of the exceptions to these rules are as follows.

United employees Law Group helps employees everyday who have disputes with current and former employers, but do not wait until it’s too late to collect what you are owed. Call now we are here to help.

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Another Monday comes and you are dreading that return to work. Are you hoping to get laid off? Most of us have a sixth sense about when the ax is about to fall at work. The best time to look for a new job is always when you still have one, so here are three good signs to watch out for. They may give you the chance to turn it around or find a new job before you’re out.

#One, you are suddenly out of the loop

Whether it was company related or personal gossip, you were always in on the talk, but lately you seem to be the last to know.  The water-cooler is a ghost town when you come around and when you ask for details on anything you get the one word answer.

Your job should dictate that you are well informed on financial issues within the department; usually you are given the “bad news” before the companywide memo goes out, but the last round of layoffs came as a complete surprise. This is a very good sign your name is coming to the top of the next round of cuts. You may be able to turn it around, IF you catch on before it’s too late. Bosses don’t usually like being proven wrong, which means you are very unlikely to get them to take it back if they tell you you’re walking. Take action before it’s too late.  If you want to keep your job it’s time to step up your game BEFORE the news comes down!

#Two, You messed up, BIG TIME.

This is real life, not TV.  You cannot burn down the building and hope the laugh track will save you! In the real world there are consequences, or at least there ought to be, for big screw-ups. There are mistakes of course, and in some cases these can be pardoned, but if you were truly negligent and allowed something to happen that you should have prevented, you should expect to face some adverse consequences.

The world may laugh along at The Family Guy’s incompetence, but the rest of us have to hold real jobs. You could easily lose your job over a large mess up, but don’t act like it didn’t happen. If you can make it at least partially right make every effort to do so. Even if you still lose your job, this effort could help you find new employment.

#Three, A Clear Move Toward “New Blood”
If you show up to work and you hardly recognize anyone…You might already be in for it. Often when new management comes in, older employees go out. These new guys come in  with enthusiasm that you can’t match and they seem to be able to do no wrong. Not easy to compete with, so you have two options: step it up big time or look for a new job. The good news, you didn’t get cut in the first round. You may be able to keep your head off the block if you can prove that you can give the new kid a run for his money.

TIME TO GET YOUR GAME TOGETHER
If you have seen the writing on the wall, the choice is yours. Get busy working, or get busy walking! Not all jobs are salvageable, but if you change your attitude about your job you never know how it could actually change.

At United Employees Law Group we specialize in helping employees who are facing illegal action by their employers. If you are facing harassment from a boss who is trying to get you to quit, or you believe you were wrongfully terminated, we want to hear from you.

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Waiting Time Penalties for Having to Wait for Your Final Pay Check

Waiting time penalties are fees the employer must pay the employee if they do not give them their final pay in an appropriate amount of time.
Labor Code 203:
(a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully
tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment.
(b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.

If you Quit
A. If you give the employer at least 72 hours notice that you are leaving, the employer is required to give you your final pay the day that you leave.
B. If you give less than 72 hours notice you are leaving, the employer now has 72 hours from the time you leave to give you your final pay.

If you are Fired/ Laid Off
If you are fired or are laid off, the employer must give you your final pay on the day you are let go.
What should be included in your final pay check?
You can expect that all of your hourly or prorated salary wages will be paid out as well as any unused vacation days.

What may not be included in your final pay?
A. The employer is not required to cash out sick time. If you did not use your sick time then it will disappear.
B. Commission/ Bonuses. Commissions are allowed to be paid at their regularly scheduled dates so long as all requirements have been met in order to earn these monies.

How much Money does your employer owe you for paying late?
Generally, for every calendar day the employer does not pay you, you are owed a day’s worth of wages, up to 30 days.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Francisco labor law attorney who can help you understand your rights, and in many cases will review your situation without charge.

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Whether you are leaving on your own or you were terminated, in California you are owed money for all accrued vacation time upon leaving your job.

The Home Depot was sued in a case known as Henshaw and Souza v Home Depot USA Inc., claiming that the employees were only paid for a fraction of owed vacation days. Henshaw was paid for 184 of his 528 accrued hours of vacation; and Mr. Souza claimed they paid him only 544 of his 1210 accrued hours of his accrued vacation time.

As happens with many such cases, this case was escalated to the federal court when it was determined that this was a much more far reaching problem, and the case for unpaid vacation time quickly turned into a class action.
The case was approved in US District court for the Central District of California and mandates payment of accrued vacation hours as well as penalties and interest to more than 1300 former employees. The settlement means a payout of $1.6 million by Home Depot, though they still claim they did nothing wrong.

You cannot assume your employer has the numbers right or your best interest.  At the end of the day we are each responsible for our own paycheck. You have to double check and make sure you are getting what you are owed. If something doesn’t seem right get another opinion. Many employees are told by their employers that they are not owed for different things, like overtime or mileage, when in fact they should be collecting.

Stand up for yourself and get the money you work for. If you believe you are owed money call us for help. United Employees Law Group will assess your personal situation and tell you if you are owed money.

COLLECT NOW!

The post Don’t Leave anything behind: Home Depot Vs. Henshaw appeared first on UELG.

If your company goes under or refuses to pay, is your manager liable for the wages you are owed?

Interestingly enough, this is not a commonly tried case, however in 2010 the case of Miguel MARTINEZ, v. Corky N. COMBS was brought to California Supreme Court to decide this joint-employer which was disputed.
The full case can be seen here
Miguel MARTINEZ et al., Plaintiffs and Appellants, v. Corky N. COMBS et al.,
No. S121552.
Decided: May 20, 2010
This case involves agricultural workers who worked for a strawberry farmer, which went bankrupt. The courts found that the managers and subsequent business partners were still liable for the wages promised as the agreement between the direct employer and the workers named all partners as owners in the enterprise.
These kinds of cases are excessively detailed and include many statues and case laws, but that is what we are here for.  You don’t need to sort through all of this.
Just because the original company you were employed by files for, and is granted bankruptcy, does not mean you are out of luck, IF you have a legitimate claim of wages owed.
NEW LAWS in 2014 have also provided for liens against the company’s property to pay such wages. This is another avenue for compensation that we may be able to pursue for you.
Do not wait to file your claim. California has a four year statute of limitations on most employment matters, so you need to call our offices and get your FREE CONSULTATION right away.

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