©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 275 LC § Description Penalty 216 Falsely Denying Wages Due. Employers commit a misdemeanor if they (i) willfully refuse to pay, after a demand is made, wages due that they have the ability to pay, or (ii) falsely deny the amount or validity of a wage demand, with an intent to secure a discount, or with the intent to harass or delay or defraud. LC 225.5 219 No Contracting Around These Rules. Employers must not circumvent wage rules by private agreement. LC 2699 221 No Kickbacks. Employers must not collect or receive from employees any part of the wages paid by employer to employee. LC 225.5 222 Withholding Prohibited. Employers must not withhold any portion of agreed-upon wages unless authorized by law (such as taxes) or by employee (see Lab. Code § 224). LC 225.5 222.5 Withholding for Medical/Physical Exams Prohibited. Employers must pay for any required medical examination. LC 2699 223 No Secret Payment Below Scale. Employers must not secretly pay lower wage while purporting to pay wages required by statute or contract. LC 225.5 240243 Failing to Pay Wages Adjudged Due Under Sections 200-234. Employers who fail to timely pay wages adjudged to be due are subject to bond requirements and injunctions. Sanctions increase for multiple violations within a 10-year period. LC 2699 300 Limits on Wage Assignments. No wage assignment is valid unless it meets the specific requirements of section 300, including a signed written statement specifying transaction for which assignment occurs, spousal consent, notarization, and a maximum 50% of wages assigned. An assignment is revocable at any time. LC 2699 351 Ownership of Gratuities (Tip Pooling). Employers must not take any portion of gratuities left for employees. No deductions allowed for cost to process tips left on credit card. Credit card tips must be paid next regular payday. LC 2699 353 Record of Gratuities. Employers must record gratuities received either from employees or indirectly by wage deductions. Records must be open for the Department of Industrial Relations’ inspection at all reasonable hours. LC 2699 356 Not Contracting Around Gratuity Laws. Employers must not attempt to circumvent the gratuity laws with private agreements. LC 2699 510 Daily, Weekly, Seventh-Day Overtime. Employers must pay nonexempt employees 1.5 times the regular rate for > eight hours per workday, 40 hours per workweek, or eight hours on the seventh consecutive day of work in workweek. Employers must pay double time for work > 12 hours in workday or eight hours on the seventh consecutive workday. Employers must pay for all time, including travel time, spent from the first place where employers require an employee’s presence. Employers need not pay overtime rates to employees if CBA covers wages, hours of work, and working conditions, provides premium rate for overtime, and imposes regular wage of at least 1.3 times the minimum wage. LC 558
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