Atty. Conrado "Joe" Sayas

On employee pay stubs and payroll records

Sunday, 11 January 2009 22:44 Atty. Conrado Joe Sayas

(1 vote, average: 2.00 out of 5)

Q : During paydays, I only receive a check with a total amount on it. Even though I know hat I make per hour and I can do the math, I still want to know about my deductions. Shouldn’t I get a pay stub? I also want to know my payments and deductions in the last year. Can I ask to see my payroll records from my employer?

A: According to California Labor Code, every time employees are paid their wages, whether by check, in cash, or some other method, the employees must be given an accurate and written itemized wage statement concerning the employee’s earnings. This itemized wage statement is commonly known as a pay stub.

When and how often should employees be paid?

Sunday, 04 January 2009 21:58 Atty. Conrado Joe Sayas

Q: I work in a small office as an hourly employee. We get paid once a month but the dates vary and I always have to ask when our next paycheck is going to be released because it is never clear. Shouldn’t I get my paycheck on the 15th and 30th of every month like everybody else?
A: In California, wages must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday. The employer is also required to post a notice that shows the day, time and location of payment of wages. Failure to post the payday notice and failure to pay wages in good funds (i.e., the paycheck bounced) on the designated regular payday are violations of the California Labor Code.

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Are employers mandated to give vacation leave benefits?

Sunday, 28 December 2008 19:13 Atty. Conrado Joe Sayas

Q: I have been working for a private company for the last two years. We never get vacation or sick leave. We are permitted to take days off but we are not paid. Is this practice legal? Aren’t employees entitled to vacation leave?
A: There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay.
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Employee compensation during holidays

Sunday, 21 December 2008 22:12 Atty. Conrado Joe Sayas

Q: We get 7 holidays off each year without pay. My sister who works for another company gets 11 holidays off and she gets paid for all of them. Shouldn’t we get 11 holidays off too? And shouldn’t my employer pay for these holidays even though we don’t work on any of them?
A: Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on regular days of the week. California law does not require employers to provide employees with paid holidays. Employers are also not required to close their businesses on any holiday, or give employees the day off for any holiday.
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Should employee travel time be compensated?

Sunday, 14 December 2008 22:34 Atty. Conrado Joe Sayas

Generally, an employee’s commuting time between home and work is not considered hours worked. This rule applies whether the employee works in one location or at several work sites. However, travel during the work day related to the employer’s business is considered hours worked and, therefore, compensable.
It is common for service technicians and other field workers to drive company vehicles to the customer’s home or place of business to service or install a product. Under the law (Portal-to-Portal Act), travel time between an employee’s home and the changing worksites (where he or she may be assigned to in any given day) are excluded from the work hours and not compensable work time. However, this law creates an exception where the travel time is "subject to the control of the employer."
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Should live-in employees be paid for sleep time?

Sunday, 07 December 2008 23:06 Atty. Conrado Joe Sayas

It is standard practice for some businesses to require employees to work 24-hour shifts and reside within the worksite. This is especially true where the nature of the job requires a minimum number of employees to be available 24 hours a day, seven days a week. Employees who work under mandatory live-in arrangements include caregivers in residential care homes, construction trailer guards, staff of senior assisted living residences, and ambulance drivers. These employees are usually provided specific sleep periods during the shift. However, the demands of the job may occasionally or even regularly require them to interrupt their sleep and attend to their work.
Questions commonly arise on how a 24-hour shift employee should be compensated. To avoid costly litigation of claims of this nature, it is important that both the employer and employee acquire a better understanding of the law governing sleep time compensation.
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The southern california wildfires: General consumer tips to prevent fraud

Sunday, 30 November 2008 21:01 Atty. Conrado Joe Sayas

Our sympathies go out to the individuals and families who are victims of the most recent wildfires in Southern California. As these persons try to rebuild their homes and put their lives back on track, challenges will abound. In dealing with various individuals, groups, or companies, precautions need to be taken so as not to fall victim to fraudulent schemes which may result in additional financial hardship. The following are some of the more common questions that disaster victims might ask about what or what not to do:
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Unfair insurance tactics worsen consumers’ financial hardships

Sunday, 23 November 2008 19:01 Atty. Conrado Joe Sayas

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(1 vote, average: 5.00 out of 5)

(Part 2)
Last week we discussed a report from the American Association for Justice (AAJ) which detailed some of the tricks that insurance companies play to avoid paying for a policyholder’s losses. These tricks include:
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Unfair insurance tactics worsen consumers’ financial hardships

Monday, 17 November 2008 01:25 Atty. Conrado Joe Sayas

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(1 vote, average: 4.00 out of 5)

(Part 1)
Insurance companies may choose to insure our cars, our homes, our health, our very lives, and they will happily take our money for doing so. However, when the time comes for them to pay for that smashed car, damaged home, failing health, or shattered life, they will fight hard or resort to tricks to avoid paying.
The current economic turmoil has not lessened these unfair practices. On the contrary, insurance companies have resorted to a number of strategies to minimize or avoid claims in order to maximize profits. It is no secret that the insurance industry has been hit hard by the economic crisis. It is only logical that they will attempt to recoup their losses.
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