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San Fernando Valley Employment Law Blog

When You Should Receive Your Final Paycheck After Leaving a Job

When an employee is supposed to receive their final paycheck from their employer is dependent on the state they live on and possibly on the nature of the separation. According to federal law, which establishes a minimum requirement, employers are required to issue a departing employee's final check on or before the next scheduled pay day.

The Truth About Holiday Pay

People often call our office asking if they can open a wage claim for nonpayment of wages because their employer forced them to work on a federal holiday and did not pay them overtime or double-time rate for hours worked. Unfortunately, the answer is no.

"On call" Employees in CA Entitled to Additional Compensation

Businesses often have trouble determining their staffing needs weeks or sometimes even days in advance due to unexpected surges or drops in clientele or unfavorable weather conditions for those working outdoors. To remedy this, employers utilize an "on call" system that allows them to overschedule employees and then cancel the shifts of any employee who is no longer needed. Those overscheduled employees, however, are often not notified until just one (1) hour before they had been scheduled to work.

Family Leave Benefits Expanded for Military-Related Purposes

Currently, under California's Family Temporary Disability Insurance Program, Paid Family Leave provides up to six (6) weeks of partial wage replacement to employees who take leaves of absence for specified purposes, including:

  1. to take care of a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or
  2. to bond with a minor child within one year of birth or placement of the child in connection with foster care or adoption. 

CA employers may now disclose allegations of sexual harassment during employee reference checks

Adding to the list of 2019 laws combatting sexual harassment in the wake of the #MeToo movement is Assembly Bill 2770 (AB-2770). AB-2770 was put forth to address concerns that the fear of defamation liability dissuades victims of sexual harassment from coming forward to make claims and dissuades employers from investigating or advising prospective employers about alleged sexual harassment.

CA clarifies its prior ban on employers' inquiries into salary history

In 2017, the California legislature passed Assembly Bill 168 (AB 168) adding Section 432.3 to the Labor Code. AB 168 imposed various restrictions on employers with respect to applicants, including prohibiting employers from seeking salary history information about an applicant for employment. It also prohibited employers from using that information as a factor in determining whether to offer an applicant employment, and in determining what salary to offer an applicant. (AB 168 did not prohibit applicants from voluntarily disclosing salary history information.) Further, AB 168 required employers, upon reasonable request, to provide the pay scale for a position to an applicant.

CA employers obligated to provide copies of payroll records free of charge

Existing law (Labor Code section 226) requires employers to allow current and former employees to inspect or make copies of certain payroll-related records, upon reasonable request. Employers were even allowed to charge employees for the cost of making such copies, but some employers were still requiring employees to find a way to make their own copies.

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The Rutten Law Firm, APC

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The Rutten Law Firm, APC
4221 Coldwater Canyon Avenue
Studio City, CA 91604

Phone: 818-308-5945
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