20 Most Common Misconceptions among California Employers

1.      If you work on a holiday, you have to pay the overtime or twice the hourly wage: No.

2.      The remaining paid sick leave must be paid at the end of the year. You do not have to.

3.      Working at holidays should not be allowed: No. California Labor Law does not have a designated day as a holiday.

4.      You cannot claim unemployment insurance claims or workers compensation insurance claim if you sign a settlement agreement with a severance money to avoid wage-related lawsuits: No. they can claim.

5.      An employee who claims a workers compensation claim may be dismissed for other reason: even if the dismissal is for other reasons, you cannot fire him/her because another claim will be added.

6.      This employee is undocumented and cannot file a lawsuit or wage/workers compensation insurance claim: No. It does not matter.

7.      This employee will not be able to sue because he does not have money: no. It is possible to sue without money.

8.      Employees will not be able to file a meal periods claim even though they did not punch it meal periods because you have served meals to them; It is not important at all whether you provide meals to employees or not.

9.      Because he is a salary paid manager, you do not have to pay overtime and no time card is necessary: no. You must first determine whether s/he is an employee who is exempt from overtime. Non-exempt employees who is paid a salary should get paid overtime and have a time card written.

10.  An employer can write or punch in/out employee's time card instead of employee: no. A time card made by employers is of no value as evidence.

11.  Even if you file the 1099 form with the IRS for your employee, s/he cannot be considered an independent contractor. Employees have to pass all the complicated tests before they can be recognized as an independent contractor.

12.  You should not pay wages in cash: No. It is ok for an employer to pay wage in cash if employer issues a pay stub and deducts the payroll tax from wage.

13.  If the workers compensation insurance company denies the employee's workers compensation insurance claim, the claim ends: No. It starts from there.

14.  The civil lawsuit complaint sent by person or by mail will be dismissed if defendant returned or not received it: It does not matter.

15.  Employees who are pregnant or disabled should go home and rest: No. Unless the employee does not want to come back to work, they cannot be fired due to pregnancy or disability because it is a discrimination.

16.  You may provide breaks and meals in succession to employees: No. It is then assumed that you have not provided one of them to employees.

17.  You do not have to pay for unauthorized overtime work: No. Regardless of whether you approved or not, you must pay overtime if employees work overtime.

18.  Vacations must be provided: No. Since vacation is a benefit, an employer can provide it freely.

19.  If you fire an employee, you can pay his or her last wage according to your regular pay day; no. If you dismiss an employee, you have to pay his or her last wage on that day.

210.  You can pay your monthly salary once a month: no. You have to pay wages at least twice a month.