©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 273 LC § Description Penalty 28102810.3 Client Liability for Entering Into a Contract for Labor or Services if There are Insufficient Funds to Comply with Laws or Regulations. Client employers must not contract for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the client employer knows or should know that the contract does not include enough money for the contractor to comply with labor laws or regulations. Otherwise the client employer must share with the labor contractor civil liability for all workers supplied by the labor contractor for the payment of wages, and the failure to obtain valid workers’ compensation coverage. A client employer that is a household goods carrier permitted by the Public Utilities Commission is excluded from liability. LC 2810(g)(1): $250-$1,000 7.25.6 Paying wages (pre-termination) LC § Description Penalty 203.1 Bad Check. If an employer’s final paycheck is not honored due to nonsufficient funds, then the employee can recover penalties of up to 30 days of continuing wages and fringe benefits. (The title of this section refers to the building and construction industries, but the language of the statutory provision is not so limited.) 203.1 204 Paydays. Employers must pay nonexempt employees at least semi-monthly on designated paydays, paying, for work done between the 1st and 15th, no later than the 26th, and paying, for work done between the 16th and the end of month, no later than the 10th of the next month. Employers must pay all overtime wages no later than payday for the next regular payroll period. (Under section 204(c), employees covered by a collective bargaining agreement with different pay arrangements are subject to the CBA.) For earning periods other than between the 1st and 15th of the month and the 16th and last day of the month, employers must pay wages within seven calendar days of the end of the period. Employers may make monthly payments to salaried executive, administrative, and professional employees by the 26th if the entire month’s salary, including the unearned portion, is then paid. LC 2699 or LC 210: statutory penalties by employee suit 204b Weekly Paid Employees. Employers must pay weekly paid employees by the next weekly payday for work done in a week on or before a payday, and by seven days after the next weekly payday for work done in a week after the payday for that week. LC 210 204.2 Nonexempt Salaried Executive, Administrative, Professional Employees. Salaries earned for labor performed in excess of 40 hours in a calendar week are due by the 26th day of next calendar month in which such labor was performed, unless employees are covered by a CBA that provides different pay arrangements. LC 210
RkJQdWJsaXNoZXIy OTkwMTQ4