California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question.
Pursuant to Labor Code section 201, an employee must be paid all outstanding wages upon his or her termination.
Labor Code section 203 imposes a penalty upon employers who willfully fail to make such payment.
Vacation is considered a "wage" and must also be paid out in accordance with Labor Code 201.
When vacation is lumped indistinguishably into a "paid time off" package, all PTO is considered a "wage" that must be paid on termination.
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.
Does this adequately answer your question? If you require clarification, I am happy to provide it.
I just recieved a pay card there is a dollar amount, but no paper work to brack down what this payment is for.
an employer is always required to provide an itemized statement of the pay breakdown for wages earned.
They may be doing this hoping they will "skate by" since they can't be pinned down on an exact amount.
PTO is calculated by your current rate of pay for a day's work.
You can calculate the amount owed on PTO by adding up the days of PTO you have and multiplying it by your daily rate.
You should be able to calculate the precise amount owed by your employer and demand that amount.
To file a wage claim with California's Department of Labor Standards Enforcement, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
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.
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.
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If so, please kindly remember to "Accept" my answer when you leave. If not, I am happy to provide clarification, still.
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?
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