| Q: When an employee is discharged,
when is their final paycheck due? A: If an
employer discharges an employee, the wages earned and unpaid at the time of discharge are
due and payable immediately. Every employee who is discharged shall be paid at the place
of discharge, and every employee who quits shall be paid at the office or agency of the
employer in the county where the employee has been performing labor.
Q: Instead of paying my employee overtime, may I
give him extra time off?
A: An employee may receive, in lieu of overtime
compensation, compensating time off at a rate of not less than one and one-half hours for
each hour of employment for which overtime compensation is required by law. If an hour of
employment would otherwise be compensable at a rate of more than one and one-half times
the employee's regular rate of compensation, then the employee may receive compensating
time off commensurate with the higher rate.
Q: Must I post a notice stating paydays for all
employees to see?
A: Every employer shall keep posted
conspicuously at the place of work, if practicable, or otherwise where it can be seen as
employees come or go to their places of work, or at the office or nearest agency for
payment kept by the employer, a notice specifying the regular pay days and the time and
place of payment, in accordance with this article.
Q: If I provide sick leave to my help and they
don't use it, do I have to let them use it even though they are not really ill?
A: Any employer who provides sick leave for
employees shall permit an employee to use in any calendar year the employee's accrued
and available sick leave entitlement, in an amount not less than the sick leave that would
be accrued during six months at the employee's then current rate of entitlement, to attend
to an illness of a child, parent, or spouse of the employee. All conditions and
restrictions placed by the employer upon the use by an employee of sick leave also shall
apply to the use by an employee of sick leave to attend to an illness of his or her child,
parent, or spouse.
Q: When an employee quits without notice, when
are the final wages do the employee?
A: If an employee not having a written contract
for a definite period quits his or her employment, his or her wages shall become due and
payable not later than 72 hours thereafter, unless the employee has given 72 hours
previous notice of his or her intention to quit, in which case the employee is entitled to
his or her wages at the time of quitting. Notwithstanding any other provision of law, an
employee who quits without providing a 72-hour notice shall be entitled to receive payment
by mail if he or she so requests and designates a mailing address. The date of the mailing
shall constitute the date of payment for purposes of the requirement to provide payment
within 72 hours of the notice of quitting.
Q: I have a policy that says employees are
forbidden to discuss their salaries with one another. Is this legal?
A: No employer shall do any of the
following: (a) Require, as a condition of employment, that any employee refrain from
disclosing the amount of his or her wages. (b) Require any employee to sign a waiver or
other document which purports to deny the employee the right to disclose the amount of his
or her wages. (c) Discharge, formally discipline, or otherwise discriminate against, for
job advancement, an employee who discloses the amount of his or her wages.
Source: California Labor Laws
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