Wage & Hour Concerns - Landegger Baron Law Group, ALC

WAGE & HOUR CLAIMS, CONCERNS & CLASS ACTIONS IN CALIFORNIA WAGE & HOUR COMPLIANCE QUIZ June 2011 Presented by Michael S. Lavenant LANDEGGER | BARON | LAVENANT | INGBER Advice - Solutions - Litigation

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 1. Your company’s name and address is not on the paycheck stub. • TRUE or FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §226 requires that the check stub specify the name and address of the legal entity that is the employer.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 2. Employees may be subject to discipline for discussing their wages with other employees. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §232 & 232.5 prohibit an employer from having as a condition of employment that an employee refrain from discussing wages/working conditions.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 3. You mail a final check to an employee who quit without notice. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §202 provides that an employee who quits without notice can only receive a final paycheck by mail upon request.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 4. You believe the costs of preemployment medical exams are too expensive so you make the applicants pay for the exam. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §222.5 & 231 provides that an employer who requires as a condition of employment a medical exam must pay for the cost.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 5. You have several facilities but you only have the required posters in your main facility. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • California Industrial Welfare Commission Regulations – specifically - §22 of each Wage Order requires every employer to post a copy of the wage order in an area frequented by employees. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order and make it available to every employee upon request.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 6. You have a wage order posted that ends with the number “98” or “89.” • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • There are 17 wages orders applicable to all businesses in California. All wage orders have been revised since 2000, and will bear the year that the wage order was revised.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 7. You allow employees to combine their rest and meal periods into one large break. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 8. You have a policy or practice that employees receive overtime compensation only if the work was authorized in advance. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §510 provides that an employer must pay for all hours worked, including premium pay for overtime work. The only remedy is discipline for working unauthorized overtime.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 9. You do not provide a copy of any employment-related documents that employees sign if they request a copy. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §432 requires an employer to provide an employee or applicant a copy of any document that they are asked to sign as a condition of employment.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• 10. You deduct the costs of uniforms from employees without their written authorization. • TRUE OR FALSE

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• FALSE • Labor Code §224 prohibits an employer from deducting any monies from an employee’s pay unless the deduction is authorized by law or the employee.

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• BONUS QUESTION: What do you call a company that believes it does not have the time or money to spend on the intricacies of employment law?

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• Answer to Bonus Question: The DEFENDANT!

WAGE & HOUR CONCERNS IN CALIFORNIA Is Your Company In Compliance?

• HOW MANY DID YOU MISS? • If you missed a single question your company may be liable for unpaid wages, penalties, and fines, not to mention attorney’s fees. The Private Attorneys General Act of 2004 has greatly increased the likelihood of your company having a wage and hour claim.

Contact Information LANDEGGER BARON LAVENANT & INGBER 15760 Ventura Blvd., Suite 1200 Encino, California 91436

751 Daily Drive, Suite 325 Camarillo, California 93010 Los Angeles Office: 818.986.7561 Ventura County Office: 805.987.7128