Pay &Time Off (California)

The Fair Labor Standards Act (Good)
Your rights to wages, overtime, and exemptions.

Docking and Employee's Wages Or Salary (Consumer-SOS)
When you can and cannot do so under Federal Law..

For Illegal Wage Withholdings
See Garnishment/Other Deductions

Basics On Tips And Minimum Wage

Minimum Hourly Cash Wage For Tipped Employees Under State Minimum Wage Laws (Most of States & DC)

Minimum Wage Laws In Each State & DC

State Payday Requirements (All 50 States & DC)

Employment Standards Administration Frequently Asked Questions
This page can give you answers to questions on topics including “Pay and Overtime” and “Child Labor” that may help you determine if your employer is violating the law.

Salary & Wage Websites

Where Else To Go For Help

See Related Issues

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Docking and Employee's Wages Or Salary

The Following describes your rights Under Federal Law.
The State Of California May Or May Not Offer You Additional Protection.

Docking A Worker's Pay (Salaried Workers)
When you can and cannot do so.

Docking The Pay Of Salaried Employees Who Are Exempt From Overtime

Generally, if an employee is paid on a salary basis and meets the job criteria of an administrative, executive, or professional employee (the so-called "white collar" professions), the employee is exempt from the overtime provisions of the FLSA. However, many employers unintentionally jeopardize this exemption by instituting pay and disciplinary policies that treat these employees as if they are nonexempt.

FAQs On Paying Overtime and Docking Wages Due To Absences

Overtime

Overtime: Your Legal Rights (CA)

Overtime: Exemptions (CA)

Unpaid Wage Claims: Filing with the Labor Commissioner (CA)

The Fair Labor Standards Act (Good)
Your rights to wages, overtime, and exemptions.

Overtime-Who Is and Is Not Entitled To It

Who Cannot Get Overtime Under The Fair Labor Standards Act
Explains who's not covered by FLSA with examples of what it means to be an exempt professional, administrator, etc.

Fair Pay & Time Off (Nolo Articles)
FAQ's on wage & hour laws and more.

The U.S. Department of Labor
Enforces compliance with Federal wage and hour laws.

State Labor Departments (All 50 States & DC)
Enforces compliance with State wage and hour laws.

Where Else To Go For Help

Garnishment/Other Deductions

When It's Illegal To Withhold A Worker's Wages

Wage Garnishment
The Consumer Credit Protection Act (CCPA) protects employees from being discharged by their employers because their wages have been garnished for any one debt and limits the amount of employees' earnings which may be garnished in any one week.

Deductions From Wages For Uniforms & Other Items Under The Fair Labor Standards Act
The Fair Labor Standards Act does not allow uniforms, or other items considered primarily for the benefit or convenience of the employer, to be included as wages. Employers may therefore not credit the cost of these items toward paying minimum wage
or overtime.

The U.S. Department Of Labor
Enforces compliance with Federal wage and hour laws.

State Labor Departments (All 50 States & DC)
Enforces compliance with State wage and hour laws.

Where Else To Go For Help

Related Issues

Tax Matters (for Wages, Tips, W2s, etc.)

Pay-Day Loans=Costly Cash (FTC Brochure)
Learn about your legal rights & alternatives.

Handy Reference Guide To The Fair Labor Standards Act
Basics of what the Act does and does not cover. Includes federal guidelines for record keeping that employers must comply with.

Misc. Work Issues
For quick facts on wage and hour laws, sexual harassment, racial and religious discrimination, American With Disabilities Act, pregnancy discrimination, disability discrimination and how to file a charge with the EEOC.

Where To Go For Help In California
These agencies may be able to help you with problems concerning overtime pay, minimum wage issues and employee benefits.

Where Else To Go For Help

It is against state and federal law for an employer to keep any portion of your wages, if for any length of time this causes you to earn less than the minimum wage. Some states, also have laws that prohibit an employer from arbitrarily withholding wages.

Examples Of Illegal Wage Withholdings Activities Include:

a. Failure to pay a worker the wages he earned because she made a mistake or didn't do a good job.

b. Failure to pay wages due because the worker breaks a company policy or is fired.

c. Failure to pay a worker's wages because he quit with out first giving the employer two weeks notice. Often this can happen when the worker is made to agree beforehand that he must give proper notice or forfeit his last paycheck. But contract or no contract, the right to a minimum wage cannot be given up. No matter what you signed, the employer must still pay you at least the minimum wage.

See Also

Docking and Employee's Wages Or Salary (Consumer-SOS)
When you can and cannot do so.

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California Help Agencies

Fill In Specific Links

California Department Of Labor

Your Local US Department Of Labor

Your Local Legal Aid Office

California Department Of Revenue

California Department Of Consumer Affairs

The licensing or regulatory agency (if any) that regulates the business.

The Internal Revenue Service

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Time Off, Breaks & Meals

J ury Duty & Being A Witness (Consumer-SOS)

Vacations-When You're Entitled to Vacation Pay (CA)
When you're employment ends, all earned and unused vacation must be paid to the employee at his or her final rate of pay. However, there is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. But if there's a policy for paid vacation, the employer must pay it to you.

Sick Leave and Family Medical Leave Under California Law (CA)
Sick leave for yourself or caring for a family member. California gives you lots of legal protection.

Pregnancy & Parental Leave (CA)
Your rights on all pregnancy related issues, at work and elsewhere.

Docking and Employee's Wages Or Salary (Consumer-SOS)
When you can and cannot do so.

Minimum Rest Period Requirements Under State Law For Employees in The Private Sector
Note: If you can't find your state, you probably have no rights unless, of course, you work for the government.

Compensated Time Off Work (“Comp Time”) (CA)

Vacation Pay & Sick Pay (CA)

Fair Pay & Time Off (Nolo Articles)
FAQ's on wage & hour laws and more.

Lunch & Other Breaks

Minimum Length of Meal Period Required Under State Law For Employees in The Private Sector
Note: If you can't find your state, you probably have no rights unless you work for the government.

Paid Time Off And Breaks
Employment Standards Administration’s frequently asked questions about paid sick and vacation leave and breaks.

Fair Pay & Time Off For Minors (Consumer-SOS)

Family And Medical Leave Act (FMLA)
Allows employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. The FMLA applies to any private-sector employer who is engaged in commerce or in any industry or activity affecting commerce, and who has 50 or more
employees.

The Family And Medical Leave Act of 1993
From GA but applies to every state.

Paternity Leave And The Family Medical Leave Act

The Family Medical Leave Act-A Compliance Guide (Good)

On-the-Job Benefits and Policies, Including Pregnancy and Family Leave
Learn how women can protect themselves from a host of discriminatory work policies.

Birth and Adoption Unemployment Compensation Final Regulation.
The Labor Department has issued the Birth and Adoption
Unemployment Compensation Final Rule. This rule allows states to provide partial wage replacement under the unemployment compensation program, on a voluntary, experimental basis, to parents who take leave or who otherwise leave employment following the birth or adoption of a child.

State Departments Of Labor (All 50 States & DC)
Enforces compliance with state wage and hour laws, including breaks and time off.

Required Workplace Posters
Federal laws require several posters to be displayed in the workplace. As always, State laws may require additional
posters to be displayed in addition to or instead of the posters required by federal law.

The Working Women's Legal Survival Guide (Outstanding)
Covers any problem, any right and any legal remedy a working woman could have! Excellent for men too (In most cases).

Where Else To Go For Help

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Disabilities

Legal Rights Of Persons With Disabilities (CA)
The Rights of the disabled in employment, housing,
nondiscrimination in business and services, access, education,
parental rights, programs and services, benefits and health care. Also explains the civil rights of persons with mental and developmental disabilities.

ADA: Physical Disabilities (CA)

ADA: Mental Health Disabilities (CA)

Discrimination
Takes you to the section on Work/Discrimination.

For More See Consumer-SOS/Disabilities

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Safety

OSHA: Employee Workplace Rights
Department of Labor pamphlet describing what to do if you question the safety of, or hazards in your workplace. The pamphlet also lists addresses and phone numbers for more information on the subject.

How To File A Complaint With OSHA (Links, FAQ's and More)

OSHA Subject Index (Find Your Safety Hazard)

Occupational Safety and Health Administration Office Locator
Click on a map to locate OSHA regional and area offices, which
provide addresses and contact information.

Women And Hazardous Jobs
A Women's legal right not to be discriminated against doing dangerous work and what she can do to protect herself.

Health & Safety In The Work Place (Nolo Articles)
Also includes what to do if your boss tries to fire you for blowing the whistle.

Required Workplace Posters (Select Your State)
Federal laws require several posters to be displayed in the workplace. As always, State laws may require additional
posters to be displayed in addition to or instead of the posters required by federal law.

Whistle Blower Protection
Federal law protecting employees from discharge or other retaliation for their disclosure of safety and health hazards. “Frivolous" complaints are not protected and employees have
the right to refuse to work in hazardous or unsafe situations.

Workplace Safety-Rights & Protections (Lots of Links)

OSHA Record Keeping Glossary of Terms
Understand the terms behind workplace safety record keeping requirements.

Brief Guide To Record Keeping Requirements For Occupational Injuries & Illnesses

Hazard Communication Program
Workers have the right to know the hazards and identities of the chemicals they are exposed to in the workplace.

Personal Protective Equipment
Employers are required to provide and to pay for personal protective equipment to allow workers to do their jobs safely and in compliance with OSHA standards.

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Working At Home

Phony Work At Home Employment Schemes

Statutory Employees (Too Brief)
Many people who work at home or who are paid on a commission basis (such as life insurance agents or salespeople) are classified by the IRS as statutory employees. This means your employer may have to withhold taxes in the same way as regular employees. No more and no less.

Special Occupations/ Misc. Professions
Certain occupations have special rules that pertain only to them, such as industrial homeworkers and youth employees. Industrial homeworkers are individuals who work in their own homes manufacturing a product for someone else, including craft-making and sewing.

Fact Sheet About Homeworkers
Rules applying to industrial home-workers under the Fair Labor Standards Act.

Individual Homeworker Certificates
Information on the terms and conditions for issuing individual homeworker certificates.

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