Compensation/ Wage and Hour

DID YOU BRING YOUR 5 QUESTIONS FROM FUNCTIONAL AREA NUMBER 1 Compensation/ Wage and Hour Part 2? 1 Exceptions to the General Overtime Laws Alternative Work Weeks

2 Order 5 - Housekeeping Employees of a hospital or an establishment Camp Counselors Personal Attendants Resident Managers of Homes for the Aged Employees directly responsible for children

Ambulance Drivers 3 Order 5 - Housekeeping Employees of a hospital or an establishment Camp Counselors Personal Attendants Resident Managers of Homes for the Aged

Employees directly responsible for children Ambulance Drivers 4 Order 5 - Housekeeping Employees of a hospital or an establishment Camp Counselors Personal Attendants

Resident Managers of Homes for the Aged Employees directly responsible for children Ambulance Drivers 5 Order 5 - Housekeeping Employees of a hospital or an establishment Camp Counselors

Personal Attendants Resident Managers of Homes for the Aged Employees directly responsible for children Ambulance Drivers 6 Order 5 - Housekeeping Employees of a hospital or an establishment

Camp Counselors Personal Attendants Resident Managers of Homes for the Aged Employees directly responsible for children Ambulance Drivers 7 Order 5 - Housekeeping

Employees of a hospital or an establishment Camp Counselors Personal Attendants Resident Managers of Homes for the Aged Employees directly responsible for children Ambulance Drivers 8

Order 10 Amusement/Recreation Ski Area Employees 9 Order 12 Motion Picture Industry

10 Order 14 - Agriculture 11 Order 15 Live In Non Live In

12 Order 15 Live In Non Live In 13

Split-Shift 14 On-Call 15 Reporting Time

Reports to work with no work available Reports to work and is terminated Half of their scheduled work time with no less than 2 hours and no more than 4 hours

16 Exceptions to Reporting Time Acts of God Utility failure Employee threatened Employer required to cease operations by a local

state or federal government member 17 Makeup Time 18 Travel Time

Paid for travelling for work Pay can be a lower rate than normal but less than minimum wage 19 Commission Payment based on a percent of Sales In California commissions are considered wages

Commission Agreements In writing Specific to the employer and employee

Detailed Signed by both employee and employer Retain copy of agreement 20 Advances, Draws and Guarantees Must be paid at least minimum wage

Outside Sales people must be paid at least 1 and minimum wage Advance, Draw or Guarantee 21 Piece Rate AB1513 Employees are paid by the piece and must earn at least minimum wage.

California - rest and recovery periods 22 Fair Pay Act SB 358 Seniority Systems Merit Systems System measuring earnings by quantity and quality A differential based on any bonafide factor other

than sex, such as education training or experience 23 Cheerleaders AB 202 24 Payment for Time Not

Worked 25 Vacation and PTO Vacation and PTO are considered wages under California law and therefore must be accrued to show earnings. It must be paid out at the time of termination

Good vacation policies provide a reasonable cap on vacation accrual and allow a reasonable carry over from year to year. It is also ok to pay out earned vacation at the end of each year. 26 Holiday Holiday pay is not mandatory, but if an employer

does provide holiday pay, it is paid at the employees regular rate of pay. Different organizations may have double time payments for those that work on holidays and they may not. Certainly organizations with Union agreements will most likely have double for worked holidays. 27

Sick Pay Californias Healthy Workplaces Healthy Families Act All Employers 24 hours or 3 days 28

Sick Pay Calculations Average of straight time wages over the immediate 90 days preceding the use of the sick time Average of straight time wages of the pay period for which sick time is being use. 29 Compensatory Time Off

May be used in limited circumstances. Upon Employee Request in lieu of overtime 30 Timing of Pay California law requires that pay day, time and location are posted where employees can see it. If the regular pay day falls on a holiday, employees

may delay pay until the next business day. 31 Regular Pay Wages earned between the 1st and the 15th No later than the 26th Wages earned between the 16th and the last day of

the month 10th day of the next month Weekly, biweekly, semimonthly Within 7 days of the end of the pay period Exempt Employees Monthly before the 26th of the month 32

Overtime Pay Can be delayed to the next pay period 33 Final Pay Voluntary termination with notice On the last day worked

Voluntary termination without notice Within 72 hours of last day worked. Payments must be ready and available at the employers place of business Involuntary termination On notice Last day worked 34

Fines and Penalties for Non-Compliance Initial Violation: $100 per instance, per employee Subsequent violation $200 per instance per employee plus 25% of the amount withheld

Waiting time penalty equal to the employees regular rate of pay for each that payment remains unpaid up to a total of 30 days. 35 Permitted and Prohibited Payroll Deductions

State or Federal Required Income tax, Social Security, Medicare, SDI Wage Garnishments Child Support, alimony, spousal support, other legal Employee Contributions Benefits, Union Dues, Repayment of Employee Loan

36 Permitted and Prohibited Payroll Deductions Dishonest or Willful Acts Gross Negligence Reimbursement of Overpayment of Wages Must be approved in writing

Meals and Lodging Pursuant to specific wage orders Unreturned Tools/Uniforms Signed advanced notice 37

Garnishments 25% or 40 times minimum wage (whichever is less) Child Support takes priority over all other orders 38 Business Expense Reimbursement Mileage

Cell Phone Training Vehicles 39 Timekeeping Legal Name Address

Occupation SSN Minor designation Start and end times Meal Periods Split Shifts Total Hour Worked Rate of Pay

Piece Rates Deductions 40 Rounding Practices 41

Off the Clock Work 42 Leave Record Keeping 43 Individual Notices and Pay

Stubs Notice to Employee Change of Status Form Pay Stubs 44 Posting and Notices 45

Documentation and Records Retention 46 Electronic Record Keeping 47