WAGE & HOUR CLAIMS,
CONCERNS & CLASS ACTIONS
IN CALIFORNIA
WAGE & HOUR COMPLIANCE QUIZ
June 2011
Presented by Michael S. Lavenant
LANDEGGER | BARON | LAVENANT | INGBER
Advice - Solutions - Litigation
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 1. Your company’s name and
address is not on the paycheck stub.
• TRUE or FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §226 requires that the
check stub specify the name and
address of the legal entity that is the
employer.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 2. Employees may be subject to
discipline for discussing their wages
with other employees.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §232 & 232.5 prohibit an
employer from having as a condition
of employment that an employee
refrain from discussing
wages/working conditions.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 3. You mail a final check to an
employee who quit without notice.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §202 provides that an
employee who quits without notice
can only receive a final paycheck by
mail upon request.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 4. You believe the costs of preemployment medical exams are too
expensive so you make the
applicants pay for the exam.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §222.5 & 231 provides
that an employer who requires as a
condition of employment a medical
exam must pay for the cost.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 5. You have several facilities but you
only have the required posters in
your main facility.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• California Industrial Welfare Commission
Regulations – specifically - §22 of each
Wage Order requires every employer to
post a copy of the wage order in an area
frequented by employees. Where the
location of work or other conditions make
this impractical, every employer shall keep
a copy of this order and make it available
to every employee upon request.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 6. You have a wage order posted
that ends with the number “98” or
“89.”
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• There are 17 wages orders applicable
to all businesses in California. All
wage orders have been revised since
2000, and will bear the year that the
wage order was revised.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 7. You allow employees to combine
their rest and meal periods into one
large break.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Every employer shall authorize and
permit all employees to take rest
periods, which insofar as practicable
shall be in the middle of each work
period.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 8. You have a policy or practice that
employees receive overtime
compensation only if the work was
authorized in advance.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §510 provides that an
employer must pay for all hours
worked, including premium pay for
overtime work. The only remedy is
discipline for working unauthorized
overtime.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 9. You do not provide a copy of any
employment-related documents that
employees sign if they request a
copy.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §432 requires an
employer to provide an employee or
applicant a copy of any document
that they are asked to sign as a
condition of employment.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• 10. You deduct the costs of uniforms
from employees without their written
authorization.
• TRUE OR FALSE
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• FALSE
• Labor Code §224 prohibits an
employer from deducting any monies
from an employee’s pay unless the
deduction is authorized by law or the
employee.
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• BONUS QUESTION:
What do you call a company that
believes it does not have the time or
money to spend on the intricacies of
employment law?
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• Answer to Bonus Question:
The DEFENDANT!
WAGE & HOUR CONCERNS IN CALIFORNIA
Is Your Company In Compliance?
• HOW MANY DID YOU MISS?
• If you missed a single question your
company may be liable for unpaid wages,
penalties, and fines, not to mention
attorney’s fees. The Private Attorneys
General Act of 2004 has greatly increased
the likelihood of your company having a
wage and hour claim.
Contact Information
LANDEGGER BARON LAVENANT & INGBER
15760 Ventura Blvd., Suite 1200
Encino, California 91436
751 Daily Drive, Suite 325
Camarillo, California 93010
Los Angeles Office: 818.986.7561
Ventura County Office: 805.987.7128