The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Aug. 21, 2019
Wage and Hour Disputes Surrounding Payday Issues
Unless California residents do volunteer work, they expect payment for the work they do. In fact, they expect to be paid on a regular basis, and they expect payment for all of the time they put into their jobs. Wage and hour disputes often include payday issues such as those below.
Under California law, most employers must establish set paydays at least twice a month. Workers can be paid twice a month, every two weeks or each week. If a worker is owed overtime wages, they must be paid no later than the next payday following the period in which the wages were earned.
If a worker gives a minimum of 72 hours’ notice before quitting and stays through the end of the notice period, the employer must pay all monies owed, including any accrued vacation time, on that last day. If a worker gives less than 72 hours’ notice, an employer may mail that person’s last paycheck within the 72-hour period from the notice, or the employee can pick up the check at the employer’s business address. If a worker is terminated, all owed wages and accrued vacation time must be paid at that time. Unless agreed upon ahead of time, any employee receiving direct deposits will receive final payment in the form of a paper check.
Of course, there are exceptions to these rules, and California workers may want to be sure that they do not fall into one of those exceptions prior to initiating wage and hour disputes. Most workers come to rely on a steady paycheck they can count on. When that fails to happen and the employer does not rectify the problem, employees may want to find out what their rights and legal options are right away.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).