Re: CA labor law and wage deduction
Re: CA labor law and wage deduction
Source: http://newsgroups.derkeiler.com/Archive/Misc/misc.legal/2006−12/msg00362.html
• From: Roy
• Date: Sat, 16 Dec 2006 17:24:43 −0800 Bob Stock wrote: On 16 Dec 2006 14:52:57 −0800, mom41mouse@xxxxxxxxx wrote:
I am trying to make sense of CA labor law, and a situation which seems to be escalating at my place of employ. Our "boss" is deducting our shift differentials for tardiness −− that is if we are being paid $2/hour as a differential, she is deducting the full eight hour's worth of shift differential for that day of tardiness. If we are late a second time she deducts the differential for the pay period −− that is $2/hr x 8 hr x 2 wks. If we are late a third time, she does that for the entire month. Not only that, now, another employee has just been given a letter stating that since this form of punishment did not work for her, she will not only take away her shift differential, she will also deduct $2/hr from her regular pay if she is late after the letter's posting, and if she is late twice, she will deduct another $2/hr from her regular pay. The "boss" has also stated in this letter that in order for the employee to regain $2/hr of regular pay back, she has to have perfect attendance for 60 days −− and in order to regain the other $2/hr, she will have to work another 60 days of perfect attendance. >From what I understand about the wage deduction for tardiness, this ALL appears illegal.
California Labor Code section 2928 states: "No deduction from the wages of an employee on account of his coming late to work shall be made in excess of the proportionate wage which would have been earned during the time actually lost, but for a loss of time less than thirty minutes, a half hour's wage may be deducted."
Not only that, we don't get a "meal period", what with working an animal emergency hospital, and there is something regarding that we are supposed to be paid for 9 hrs for every 8−hr day worked for the missing break. are emergency hospitals "exempt" from this law?
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Re: CA labor law and wage deduction "An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes . . ." Labor Code section 512(a). There is an exception for an "on duty" meal period: "An 'on duty' meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on−the−job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time." (The test for whether an on−duty meal period is permitted is difficult for an employer to meet, and the fact that you work in an emergency hospital in and of itself doesn't necessarily eliminate the employer's obligations.) Wage Order #5, section 11(A). Also: "Notwithstanding any other provision of this order, employees in the health care industry who work shifts in excess of eight (8) total hours in a workday may voluntarily waive their right to one of their two meal periods. In order to be valid, any such waiver must be documented in a written agreement that is voluntarily signed by both the employee and the employer. The employee may revoke the waiver at any time by providing the employer at least one days written notice. The employee shall be fully compensated for all working time, including any on−the−job meal period, while such a waiver is in effect." Wage ORder #5, section 11(D). A violation of the meal period law requires the employer to pay the employee an additional one hour's pay. Labor Code section 226.7(b). −−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Bob Stock, California Attorney Nothing I've said should be relied on as legal advice. −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−
However, I don't think anything prevents the employer from reducing future wages as long as they don't go below the minimum wage. So the boss can say something like: I am only going to pay you $18/hr instead of $20/hr for the next two weeks because you were late. The good news is that a substantial reduction in wages is the equivalent of a layoff so you could quit and Re: CA labor law and wage deduction 2
Re: CA labor law and wage deduction collect unemployment. You can see if this applies by reading various rulings at http://www.cuiab.ca.gov/precedent_decisions_N−S.shtm under "quit" and then "Wage Reduction". From my reading a minimum of 10% reduction would be needed. .
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