Employer Deductions to Paychecks for Overpayments or Loans
May 04, 2021
Mistakes are often made on paychecks. When an employer overpays an employee, it may not deduct the amount of the overpayment from the employee's next paycheck without the employee's consent, and may n...
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Time Clocks, Rounding and The de Minimis Rule
May 04, 2021
Rounding timestamps up or down to avoid minor variations in hours worked is permissible if the practice is neutral on its face and employees are not affected adversely by its application. Nevertheless...
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Is your paystub another paycheck?
Dec 17, 2015
For most of us, if our paycheck is correct, we're happy, and the paystub is just a lot of numbers about how much we pay in taxes. But California law requires certain information on a paystub, and impo...
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When is a release not a release? Non-waivable employment claims.
Aug 03, 2014
While you should never sign a general release and then sue, courts have upheld an employee's right to do just that with FLSA, FMLA and certain California wage claims. Even these courts, however, enfor...
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Compensation for Travel Time
Apr 27, 2014
This is a tricky area of the law. Usually, your employer does not have to pay you for traveling from home to work, whether the work location changes or not. However, the test for compensability of tra...
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Meal and rest breaks: When you should get them, and what you should be paid if you don't
Dec 23, 2013
In California, an hourly employee working a typical 8 hour shift is entitled to at least a 30 minute unpaid meal period before the fifth hour of work and two paid rest breaks of at least ten minutes. ...
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Think you don't have a written contract with your employer? Think again!
Dec 22, 2013
Most California employees are at will and can be fired at any time. Many employees are nevertheless bound by agreements that benefit their employer, and which they are unaware of until they quit or ar...
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How and why you can be sexually harassed and yet not have a sexual harassment claim
Dec 21, 2013
Our common understanding of what constitutes sexual harassment is often conduct that California courts say is insufficient to establish a legal claim for sexual harassment. Whether you've been subject...
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Investing: What is FINRA arbitration?
Dec 20, 2013
It's easy to tell that your broker messed up when you're losing money hand over fist. The following are __ ways to insure your broker is handling your account properly before you lose money. 1. Make s...
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