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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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As a CA contractor and employer, can I legally payroll my employees

Resolved Question:

As a CA contractor and employer, can I legally payroll my employees using rate differentials for various positions in my company? (For example: An Install Crew Leader would make $15/hr, but if the same employee works as a Maintenance Crew Laborer, his pay would only be $11/hr) There is no union CBA in effect, etc.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
You are free to pay every employee whatever you can negotiate with that employee -- subject to the exception that you not discriminate against any employee based upon race, color, nationality, ancestry, religion, sex, sexual orientation, pregnancy, Equal Pay between sexes, age or disability.

In particular, were a male or female employee able to prove that you are paying a member of the opposite sex more money for the identical job description, that would violate the federal Equal Pay Act, which could expose you to liability for the pay differential, as well as punitive damages.

Other than that, your payroll negotiations with employees is unlimited.

Hope this helps.

Please understand that I "justanswer" questions “about” the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."

 



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Customer: replied 5 years ago.
To clarify, I can schedule a single employee at different pay differentials throughout one work shift? (Example: 4 hours as a Crew Leader pays $12/hr, and 4 hours as a Crew Member pays $10/hr)
Expert:  socrateaser replied 5 years ago.
As long as you provide notice in advance of any workday of the employee's pay and shifting responsibilities, then you can pay a different rate for a different job description. You can't spring a pay change on an employee half way through the workday.

However, if the employee works any overtime hours, then the employee is entitled to be paid overtime based on his or her "regular rate," which would be the average pay for 40 hours of work during the applicable work week, times the applicable overtime multiplier (usually 1.5 times the regular rate of pay).

Assuming that the employee regularly works four hours at $12 and four hours at $10, then that would produce a regular rate of $11 per hour, and overtime pay would be calculated based upon the $11 per hour base rate of pay.

Hope this helps.


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