California law requires an employer pay their employees all wages earned promptly and in full.
What Does The Law Consider “Wages”?
"Wages" are what an employer has promised to pay for an employee’s work. Wages could be an hourly rate, a yearly salary, commissions, travel time, housing, uniforms, vacation or sick pay. Discretionary bonuses or profit-sharing plans based on an employer’s profits are generally not considered wages.
When Does An Employer Have To Pay Wages?
All hourly employees must be paid at least twice each month. Salaried employees must be paid at least once per month.
What Is Owed At The Time of Termination?
At the time of termination, an employer must immediately pay all wages owed, including vacation pay, to an employee. When the employer does not pay all wages due, the employer is liable to pay “waiting time penalties” to the employee of up to 30 days of the employee’s wages.
ARE YOU Entitled To Overtime Wages?
Everyone who works overtime is entitled to overtime wages unless that employee is “exempt” under the law from overtime pay. Exempt employees are usually “white collar” employees, such as executives, certified public accountants, human resources manager, doctors and lawyers. All employees that are “nonexempt” are entitled to overtime wages. Whether you are paid a salary is irrelevant to whether you are actually owed overtime wages.
When ARE YOU Entitled To Overtime Wages?
If you work more than 40 hours per work or more than 8 hours per day, you are entitled to overtime wages. For every overtime hour work, an employer must pay you 1.5 times your regular hourly rate. If you work in excess of 12 hours per day, you are owed 2 times your regular hourly rate.
Brock & Gonzales, LLP specializes in wage and hour violations. If you feel you have not been paid all wages owed to you, contact us for a free consultation.