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  Answers to FAQS On Wages, Hours and Benefits

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Wages, Hours and Benefits

General Wages, Hours and Benefits FAQs
What is the IRS mileage deduction rate for use of a vehicle in 2009, 2010, and 2011?
Do I have to reimburse my employees for their mileage? (CA)
How many hours does an employee have to work to be full-time?
If I am required to live at my place of employment (e.g. resident manager of an apartment building) can my employer pay me the minimum wage less the cost of my apartment?
Can an employee be forced to work 7 days a week?
Do On Call employees have to be paid for the time spent waiting to work?
Are resident managers entitled to overtime for "on call" hours?
What types of pay are excluded from the regular rate of pay?
Do I have to pay taxes on any money I recover from my employer?
Can I file a wage complaint against a former employer? How far back can I go?
What is the process for filing a wage claim with the Labor Commissioner?
If the employee wins at the Labor Board and the Employer doesn't appeal or pay, what can the employee do?

Minimum Wage Laws
What is the current Federal and State minimum wage?
What is the minimum wage in my state?
Can an employee agree to work for less than the minimum wage?
Can an outside salesperson agree to work for less than minimum wage?
Is the minimum wage the same for both adult and minor employees?
Is a volunteer entitled to the minimum wage? (CA)
Are tips counted towards my receipt of the minimum wage, or am I entitled to minimum wage plus tips?
What is the difference between the minimum wage and a “living wage?”
What can I do if my employer doesn't pay me at least the minimum wage?
What can I do if my employer terminates me because I asked why I wasn't paid the minimum wage?

Overtime
What are the current overtime laws in California (CA) and Under Federal Law?
If an employee works unauthorized overtime is the employer obligated to pay for it?
Are salaried employees entitled to overtime?
How do you calculate pay and overtime for a salaried, nonexempt employee?
Are sales persons paid on commission entitled to overtime?
Can the employer give a nonexempt employee time-off in lieu of paying overtime?
If my job title suggests I am exempt from overtime, but my job duties are clerical do I qualify for overtime?
If an employee signs a paper agreeing to be salaried and exempt from overtime, can the employee still get overtime?
Can an employer require an employee to work overtime?
When must the employer pay the employee for the overtime hours worked?
Can an employee waive his or her right to overtime compensation?
What can an employee do if the employer doesn’t pay required overtime wages?
Are bonuses and incentives paid by my employer included as part of my regular rate of pay for purposes of calculating overtime?
How is overtime calculated if I work at different rates of pay in the same workweek?
When is a computer professional entitled to overtime?

Tips and Gratuities
When a customer pays their bill and tip with a credit card, when does my employer have to give me my tips?
Can my employer deduct the credit card processing fees from my tips?
Can my employer take a percentage of my tips?
Can my employer require me to share my tips with the busboy and the bartender?

Meal and Rest Periods
What is the present meal and rest period requirement? (CA)
What are the meal and rest period requirements in California? (CA)
Can my employer require me to work through lunch?
Does my employer have to pay me for an on-duty meal or lunch?
What am I entitled to if my employer doesn't allow me to take lunch?
Can an employee voluntarily work through the meal period to leave work early?
Can the employer require an employee to stay on the premises during the meal period?
What are mandatory rest breaks?

Paydays and Pay Periods
When must an employer pay employees their wages (CA)?
If an employee fails to submit a time sheet, does the employer still have to pay wages?
How often must an employee be paid?
If the employer fails to pay the employee on the regularly scheduled payday, what can the employee do?

Payroll and Allowable Deductions
What does an Employer have to itemize on an employee’s pay stub? (CA)
Can an employer deduct pay from an exempt employee’s salary for disciplinary reasons?
Can an employer deduct pay from an exempt employee's salary for partial-day absences?
Can an employer deduct pay from an exempt employee's salary for full-day absences?
If am employee fails to submit a timecard, can the employer delay paying the employee his or her wage?
When must an employer pay overtime earned by an employee?
Can an employer change the payroll period from every two weeks to semimonthly if it will cause a payroll delay?
Are employee entitled to see their payroll records?
What expenses can my employer deduct from my wages?
Can an employer deduct credit card processing fees from my tips?
Can an employer deduct the cost of my uniform from my wages?
If I damage company property or lose company money, can my employer deduct the loss from my wages?
If my cash register is short, can my employer deduct the shortfall from my wages?
My employer loaned me $1000 and I signed an agreement saying he could deduct $100 a week from my paycheck until the loan was paid off. When I quit, my boss deducted the entire $500 balance from my final paycheck. Is this legal?
Is it legal for an employer to dock my wages $20 for coming to work late?
What can I do if my employer makes an illegal deduction from my paycheck?
What can I do if my employer terminates me because I objected to a deduction from my wages?
If an employee takes a vacation before actually earned and later quits can the employer deduct the unearned vacation days taken from a final paycheck?

Holiday and Vacation Pay
Are employees entitled to holiday pay?
If I work 8 hours on Thanksgiving, am I entitled to holiday pay (time and a half or double time)?
My employer is open for business on every holiday, some of which I have to work. Isn’t this against the law?
If my employer closes his business on a holiday, aren't I still entitled to my wages for that day?
We get 5 holidays off each year without pay. My sister gets the same 5 holidays off with pay. Does my employer have to me for these holidays?
Is paid vacation time required? (CA)
Is a vacation plan that says no vacation time is earned during the first six months of employment legal?
How is vacation earned?
Can my employer have a vacation policy only for full time employees?
My employer told me I forfeited my vacation because I didn't take it. Is this legal?
Can my employer force me to take my vacation at a particular time?
My employer’s vacation policy provides that once an employee earns 200 hours of vacation, no more vacation may be earned (accrued) until the vacation balance drops below 200 hours. Is this legal?
My employer’s vacation policy states that if I don’t use all of my vacation by the end of the year, he will pay me for the vacation time that has been earned and accrued. Is this legal?
My employer has combined its vacation and sick leave plans into one program called "paid time off" (PTO). What is this?
If my employer allowed me to take my vacation before it was actually earned and I later quit my job can my employer deduct the unearned vacation days I took from my final paycheck?
What happens to earned, accrued and unused vacation if an employee is discharged or quits?
My employer’s vacation policy states that if I don’t use all of my vacation by the end of the year it's forfeited. Is that legal?


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