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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6988
Experience:  Significant experience in all areas of employment law.
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The store I had worked in as store manager closed as of Sat.

Customer Question

The store I had worked in as store manager closed as of Sat. 1/28/2012. My assistant and I stayed an extra 3 days to clean up and trun keys to owner. We both have PTO hours and the 3 days worked coming to us. Today I only was paid for normal 2 weeks. Should I have been paid The 3 days and all unused PTO time (91 hrs aprox.) as of my last day? I will have 6 weeks Severance paid which I understand how that works. I have not signed any paper work, still waiting for package from HR dept.
thank you Joni Huerta
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question.

LegalPro54 :

Pursuant to Labor Code section 201, an employee must be paid all outstanding wages upon his or her termination.

LegalPro54 :

Labor Code section 203 imposes a penalty upon employers who willfully fail to make such payment.

LegalPro54 :

Vacation is considered a "wage" and must also be paid out in accordance with Labor Code 201.

LegalPro54 :

When vacation is lumped indistinguishably into a "paid time off" package, all PTO is considered a "wage" that must be paid on termination.

LegalPro54 :

Thus, an employer in this instance would be required to pay you for the three additional days of work that you did and for all outstanding PTO, provided the PTO indistinguishably lumps together sicks days, vacation days, etc.

LegalPro54 :

Does this adequately answer your question? If you require clarification, I am happy to provide it.

Customer :

I just recieved a pay card there is a dollar amount, but no paper work to brack down what this payment is for.

LegalPro54 :

an employer is always required to provide an itemized statement of the pay breakdown for wages earned.

LegalPro54 :

They may be doing this hoping they will "skate by" since they can't be pinned down on an exact amount.

LegalPro54 :

PTO is calculated by your current rate of pay for a day's work.

LegalPro54 :

You can calculate the amount owed on PTO by adding up the days of PTO you have and multiplying it by your daily rate.

LegalPro54 :

You should be able to calculate the precise amount owed by your employer and demand that amount.

LegalPro54 :

To file a wage claim with California's Department of Labor Standards Enforcement, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

LegalPro54 :

I sincerely hope that this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Customer :

Yes I know. I believe it's PTO and the 3 days. The amount is more on pay card, it could be added PTO time going into new year.

LegalPro54 :

Have I adequately answered your questions?

LegalPro54 :

If so, please kindly remember to "Accept" my answer when you leave. If not, I am happy to provide clarification, still.

Customer :

Everything you said i thought was the law. Now that I got my pay, I guess there is nothing else for me to do. So the company can just pass on this?

Expert:  Patrick, Esq. replied 2 years ago.
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Expert:  Patrick, Esq. replied 2 years ago.
If the business did not IMMEDIATELY make this payment, you may be entitled to collect a "waiting time" penalty for the days that your ages went unpaid. Specifically, section 203 states in relevant part:

"If an employer willfully fails to pay, without abatement
or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and
205.5, any wages of an employee who is discharged or who quits, the
wages of the employee shall continue as a penalty from the due date
thereof at the same rate until paid or until an action therefor is
commenced; but the wages shall not continue for more than 30 days
."

To make a claim for a waiting time penalty, you would need to file a claim with the DLSe at the website address I listed above.

I sincerely hope that this helps clarify my response.

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