Legal Question in Employment Law in California

Work rights?

Does my employer have the right to deduct 150.00 dollars from my salary per week with giving his employees(myself) a three day notice?

Can they refuse to pay overtime pay after working overtime hours?

Can they refuse to pay for my entitled four hour pay after I showed up for work and am sent home for the day?


Asked on 6/13/09, 5:43 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Work rights?

Deductions must be legally justified to be made, such as by garnishment, liens, overpaid wages, etc. Garnishment and liens require you be given copies of the legal paperwork and notice of your right to go to court to seek change or limitation. Overpaid wage deductions could only be made with your consent. You may have remedies, including reimbursement, voiding of orders, etc., but you'll have to go through the appropriate legal procedures to enforce them. You'll have to determine if it is cost effective to hire counsel to do so, compared to just allowing the deductions.

Overtime worked at company request or knowledge must be paid to avoid penalties and interest also becoming due. If not paid, you can file a complaint with the Labor Commissioner.

"Show up" pay must also be paid if properly entitled. The facts determine whether it is due, but generally is.

If the amounts are substantial enough to hire counsel to help you in the proceedings and hearings, feel free to contact me.

Read more
Answered on 6/15/09, 6:00 pm
William Kampf Kampf Whang, LLP

Re: Work rights?

Employers typically cannot deduct any amount from an employee's paycheck without the signed written agreement of the employee. Also, an employer must pay overtime regardless of whether it was authorized. Finally, they must also pay you a minimum amount of 4 hours if you showed up for your shift but were sent home because you were not needed. These are all general responses based on your general questions. Feel free to contact me if you would like additional details.

Read more
Answered on 6/15/09, 3:34 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California