Whether a genuine mistake or an intentional attempt at wage theft, employers will refer to the FLSA and overlook specific requirements in California labor law. While the Fair Labor Standards Act sets a standard at the federal level, California has more comprehensive labor regulations.
This means that there may be things that the FLSA doesn't require, but California law does. As a result, you might be a victim of wage theft without knowing it.
Here's a quick and easy guide to the most overlooked compensation regulations in California:
Overlooked Compensation Laws In California
There are significant differences between FLSA vs. California labor law. Some are often widely known by employers and employees alike.
For example, we know that the current minimum wage in California is more than what the FLSA prescribes. Likewise, there are different requirements for overtime, rest and meal breaks, and employee classifications in FLSA and California labor law.
Other wage and time-related factors may be overlooked or intentionally ignored. According to California labor law, this leads to employees not getting paid what they deserve.
Here are the most common of those overlooked benefits, as experienced by our FLSA lawyers in Los Angeles:
Travel Time
According to the FLSA, travel time outside regular working hours is not considered time worked. However, California law views all required travel time as compensable.
For example, if you must travel across the city to submit documents for your company, the time it took for you to travel should be counted as hours worked. After all, just because you're not at your desk doesn't mean you're not contributing to the company.
Paystubs
Employers are not required to give employees paystubs by the FLSA.
Contrarily, the California Labor Code requires businesses to provide workers accurate itemized wage statements on payday containing all of the Labor Code's data. The employer will be held liable and fined if this information is not provided.
Paystubs can also be vital documents should you need to file claims with a California employment law attorney. In addition, these work-related documents and receipts are crucial if you're suing your boss for wrongful termination, retaliation, or any other employment law claim.
Paid Sick Leave
Employers are not required by the FLSA to compensate workers who miss work due to illness.
According to California law, businesses must offer at least 24 hours of paid sick leave per year, which can be accumulated in one of two distinct ways. Cities and counties can demand more paid sick time.
Payment Upon Termination
Payment of last earnings to terminated employees is not mandated by federal law to occur before the next regular pay period.
However, in California, an employer is required to pay all final wages, including accrued and unused vacation, to terminating workers in the following ways:
- Workers who voluntarily resign must receive their final pay within 72 hours of doing so
- Workers who are involuntarily let go must receive their payment on the day they are let go
If an employer doesn't comply, they could face "waiting time" fines of up to 30 days' wages.
PAGA
A private attorney general may represent the state in civil litigation under the California Private Attorneys General Act to recover civil fines that would otherwise only be recoverable by the Labor Commissioner.
The default fine for first-time offenses is $100 per employee per pay period. After that, it is $200 per employee per pay period for future violations unless the Labor Code specifies a different fine. In most cases, these fines are much more than any losses caused by the offenses.
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