So You Think You Know the Law – Wage & Hour Law

September 2017

True or False? Employees that quit voluntarily and do not provide advance notice to the employer, must be paid wages earned within 24 hours of the employee’s last work day. (FALSE) – Employers have up to 72 hours to pay employees who quit without notice for wages earned. True or False? If an employee’s total daily work is less than 3.5 hours, employers must provide at least one rest break. (FALSE) – Employers are not required to provide any rest breaks if an employee’s total daily work is less than 3.5 hours. True or False An employer must keep a record of any deductions made from an employee’s wages. (TRUE) – Employers must keep a record for at least a three-year period. True or False In California, if both parties agree at the time the work is to be done that the basis of employment is as an independent contractor, with or without a contract, this person is presumed to be an independent contractor. (FALSE) – This person could still be later held to be an employee under the law. Many factors have been considered by the courts in determining if someone is an independent contractor or an employee, and failure to properly classify an employee can be costly. True or False In California, managerial employees who are paid on a salary basis are not entitled to overtime pay. (FALSE) – Such employees could still qualify for overtime if either 51% of their actual duties were non-managerial or their salary did not meet the minimum amount (at least 2x minimum wage). True or False Many, but not all, Labor Code requirements can be voluntarily waived by both the employer and employee. (FALSE) – Virtually none of the Labor Code protections of the employer can be waived or given up.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.