1. Your employer can terminate you at will, but only under certain conditionsIt would be illegal for an employer to terminate you if:• It violates the agreement contained in your employment contract with them.
   • If it is based on gender, race, color, nationality, religion, sexual orientation, age, disability or medical condition, language and marital status.
   • If it is as a result of reporting them to state law enforcement agencies.
   • If it because you filed a case against them.

   2. You have a right to be compensated for late wages

   The ‘waiting time’ penalties are awarded to you calculated on every single day of the delay for up to thirty days.

   3. You have a right of access to your personal file

   The law protects you from being denied accessing the contents of your personal file at any time you need it.

   4. Your former employer can only say ‘ true’ things about you as a referee

   Should your former employer be contacted for reference; it is illegal for them to give false information about you.

   5. You still have a right to unused vacation days after termination

   The law protects you from being denied compensation for vacation days you did not take. In the case you are terminated, you should receive payment for them.

   6. You are entitled to 12 weeks of unpaid leave annually

   These leave days allow you time to take care of ailing family members.

   7. You are entitled to health insurance benefits regardless of your job title

   Whether an employee or a contractor you have a right to health insurance.

   8. You have a right to pre-choose your worker’s compensation doctor

   You are allowed to choose the doctor you prefer to treat you under your employer’s group health plan. This is the doctor who would treat you in the case of injuries at the workplace.

   9. You have a right to refuse to work in poor and unsafe conditions

   The law protects you and even allows you to quit until the conditions are improved. You should ensure you inform of your intentions in writing for reference purposes.

   10. Whether or not you receive overtime pay depends on what you do

   You are exempt from overtime pay if:
   • You earn over $2340 a month
   • You are involved in managerial duties
   • You are in a profession such as teaching, accounting, music law, and if you are an editor.

   11. You are entitled to unemployment insurance even if you quit your job

   However, it is only if you quit job for a good reason. Good causes for quitting include:
   • Better job offers
   • Poor work conditions
   • Health concerns
   • Domestic matters, like having a violent spouse

   12. Your employer is not allowed to deduct your wages unreasonably

   It is illegal if the loss was not a result of negligence or gross misconduct on your part. It is only allowable if your employer can prove it was. It is also illegal for an employer to deduct the cost of tools and uniform from your pay.

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As the cases of dishonest employers who are illegally withholding the overtime wages, are increasing day by day, the California state authorities have made laws to protect the rights of the customers. Employees depend upon their wages for everything and if, they are getting more money by working overtime, they do not miss the opportunity. This is because, in today’s era of recession, everyone is in need of money. If the employers cheat them, by not paying for the overtime at the end of the month, then it can be troublesome for the employees. If this continues to happen, the workers will always be exploited. Therefore, to provide social security to the employees, laws have been made for them according to which, if an employer does not pay the overtime wage, then the employee can sue him.

In order, to assist the employees and meet their woes, one can hire the services of an unpaid wage lawyer California. Such lawyers can help them to get back their owed money. They can also provide assistance in filing, a case against the employer who has played with the wage rights of the employees. The unpaid wage lawyer California once hired will hold negotiations with the employer to convince him to pay, the overtime amount. If the negotiations do not help, then the unpaid wage lawyer California will have to take legal actions. He will firstly send a demand notice to the employer so that he can take a second thought and then, he will take legal action. Most of the times, the issues get solved when a demand notice is sent and there remains, no need to take the issue to court. However, in some complicated cases, the unpaid wage lawyer California has to put in a little extra effort for recovering the owed sum of money.

The law for unpaid wage made in the California is not only helpful in solving the issue of unpaid overtime wages, but it also covers many other issues that include paid vacations, paid sick leaves, wage supplements etc. All the subjects that are covered in this law are included to provide to justice to all those employees, who are being exploited.

We can say that, time today has changed. Now, tables have been turned. If employers violate the laws of the workers, then they will have to pay for it. Employees will no longer be helpless. They now have rights with the help of which, they can protect themselves.

The FAIR STANDARDS LABOR ACT has been introduced in the country to protect the rights of the employees. An unpaid wages lawyer in California can fight for the worker on the following issues:

*Fees of the lawyer

*The owed extra hour wages

*Double amount for the unpaid wage, if the company has intentionally not paid the employee

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Once you secure a job in any organization, it’s always important that you understand how you will be paid and which type of payment your employer will be providing you with. The various types of pay include commission pay, hourly pay, or annual pay, also referred to as salary pay. It is essential that you are aware of the differences between commission pay and hourly pay.

In most cases, commission pay is the typical form of payment for employees working in sales. A sales commission is a sum of money paid to an employee once he or she has completed a task, whether it may be selling a certain amount of goods or services. A commission pay in most cases is a percentage of the total sale a salesperson makes and they can earn as much as their efforts will allow. When an employee’s commission pay falls below the minimum wage, the employer is required by law to make up the difference.

It is common for employers to use commission pay as incentives to increase their employees’ productivity and efficiency. And commission may be paid instead of an employee’s salary or in addition to an employee’s salary. Whereas hourly pay or salary, is a secure amount of money given to an employee, regardless of their sales.

With the hourly pay, most laws set a minimum wage that an employee will get paid every hour he or she works. Using this rate, an employee’s pay is easily calculated by knowing how many hours he or she worked. The hours worked then get multiplied by the set hourly rate.

Whenever you are signing an employment contract, it is important that you carefully review the contract in order to know what you are entitled to and what type of payment you will be paid.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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Your employer failed to pay your wages in full? In case you are entitled to claim wages from United Employee Law Group (UELG). UELG organizes administrative hearing and will decide whether your employer is legally evaded payment.

This article will be useful for those who want to know how to prepare for a hearing.

Gather The Documents

To start, you need to collect all the key documents that can prove your rightness. These include the following documents:

Documents that show your work schedule and work hours.

Payment checks. Any checks or payments that you have received from your employer.

Documents obtained from your employer. All the documents that you received from your employer while working, such as letters, employment contract or other.

Correspondence of you and your employer. All e-mails, messages on social networks, or other written communications that have relation to your payroll.

Request Your Staff Records

You should also request your worker file and pay sheet records from your hirer as soon as possible. Under California law, your hirer is required to let you check your staff file within 30 days of a request. You can also give a written request for your hirer to mail you a copy of your staff file.

Participate in the settlement conference

In the majority of cases, you will need to be present in a settlement conference before the actual payroll hearing. The settlement conference is an unofficial meeting that happens with you, your hirer, and the deputy labor commissary at the UELG office. The conference can start with all of your session in one room to discuss debatable issues. The work commissioner will put you and your hirer on separate premises, and go back and forth to debate issues and offers to communicate the settlement.

The settlement conference is not an evidentiary hearing, so you do not need to bring any eyewitnesses to testify. However, you have to bring copies of any documents that you have in aid of your claim. You should also be ready with the idea of how much you are authorized under the law.

Be Present In The Court

If you and your hirer can not reach an agreement at a settlement conference, your occasion will be appointed for court hearings. The hearings will take place at the UELG offices, at the office in the labor force of the Commissioner. Though the installation might seem unofficial, the appointment will be recorded and visitors will witness under oath.

The hearing, as a rule, starts with an introducing statement from the Commissioner. After this, you will have the chance to present your occasion. Labor Commissioner can also ask you problems, throughout this time, to make things clear. You must bring in three sets of all your papers (including originals). After you finish submitting your evidence, your hirer will have the opportunity to present his defense.

Your hirer may send documents or bring witnesses to provide evidence, such as an observer who set your hourly amount of pay. You will have a chance to question these witnesses too, so come with a pre-written scroll of questions.

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California is one of the most protective states when it comes to the rights of an employee, including to be paid on time. The California laws on paydays and paychecks cover the information your employer must give with your paycheck, when you must be paid when you must get your final paycheck if you’re fired or quit the job, and what that final paycheck should include.

Unfortunately, in this imperfect world, some employers may break these fundamental laws and nobody likes dealing with issues at work. That is why you are likely to require a California employment attorney at some point and when it is time to make that phone call, we at UNITED EMPLOYEES LAW GROUP strive to make it as painless as possible.

California Payday Laws

Generally, employees in California have a right to be paid at least twice every month. The compensation earned from 1st to 15th of the month must be paid no later than the 26th day of the same month. On the other hand, the compensation earned from 16th of the month through the end of the month must be paid no later than the 10th day of the next month.

If an employer pays workers every week, every two weeks, or twice per month based on a different earning schedules, it may act under the California payday laws by paying workers for work performed within 7 days after the pay period has elapsed. For instance, an employer who pays his or her employees every 2 weeks is following the law as long as it pays the employees within a week after every two-week payroll period closes.

Employers must designate paydays which meet the requirements above and notify their employees of the date, time, and place they’ll be paid.

The laws give some exceptions for certain kinds of employees. For instance, administrative, executive, and professional staff (as defined by the overtime laws of California’s) may be paid only once a month, as long as they’re paid by 26th of the month and the paychecks includes their total salary for the month. Workers who work for a particular farm labor contractor must be paid each week.

Payroll Records Request

California workers are also entitled to scrutinize their payroll records within three weeks of a request to an employer. Moreover, you may request a copy of your payroll records, though your employer may charge you for affordable copying costs. In case your employer fails to provide you access to your records, you may be owed a penalty of $750 from your employer.

Rules for Final Paychecks

If you’re laid off, fired, or otherwise unwillingly separated from your job, you’re entitled to your final paycheck immediately (that’s, at the time of your layoff or firing). Your employer may not wait until the following scheduled payday or even the next calendar day to pay you what you’re owed. Your final paycheck must include all of your PTO or accrued, unused vacation time.

If you resign from your job and give your employer a notice of less than 72 hours, your employer must pay you within three days. If you provide your employer notice of at least 72 hours, you must be paid immediately on your final day of work. Like employees who’re laid off or fired, your final paycheck must include all of your PTO or accrued, unused vacation time.

To discourage the employers from delaying employees’ final paychecks, California allows any employee to obtain a “waiting time penalty” in the amount of his or her average wage for every day which the check is late, up to a maximum of thirty days.

The tenacity and experience of our employment attorneys can mean all the difference when it comes to the outcome of your California Labor Law Case. While several employment attorneys focus mainly on harassment or discrimination, our team knows all the ins and outs of the meal and break periods, overtime claims, and some other payroll related claims too.
We cover them all for a very good reason: many employers willing to break a single law are often willing to break another. Therefore, our California employment attorneys will examine your case from ALL angles in an effort to assist you to collect everything you’re owed.

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