Holiday Leave: Are Employees Entitled to Paid or Unpaid Holiday Leave?
With another holiday approaching and more to follow, some private-sector employers may believe they are required by law to provide their employees with either paid or unpaid holiday pay. Well, they are not. No California or federal law mandates that an employer must close its business on any particular day, if at all. Every employer may select which days, if any, it chooses to be open and closed for business. If an employer closes its business on holidays and gives its employees time off from work with pay, it is done so simply as a result of (1) a company policy or practice, (2) the terms of a collective bargaining agreement, or (3) the terms of an employment agreement between the employer and employee.
Moreover, if the employer does stay open on a holiday and schedules its employees to work that day, the employer is not obligated to pay the employees anything but their regular pay and any overtime premium for all overtime hours worked. For example, if an employee works 8 hours on the Memorial Day holiday, and then works a total of 40 hours during that workweek, the employer is not required to pay the employee a special premium for working the holiday. Accordingly, if you give your employees holidays off with pay, they should be grateful for this discretionary and generous benefit.
If you have any questions regarding holiday leave or need additional information, please check out my website at www.employment-law.net or contact me for a FREE confidential consultation at (916) 333-4653 or Stephen_Fiegel_Esq@comcast.net.
2022 COVID-19 Supplemental Paid Sick Leave Poster and Resources
BY STEPHEN FIEGEL, ESQ. - Carmichael, CA
The Labor Commissioner has published a required workplace poster and FAQs on 2022 COVID-19 Supplemental Paid Sick Leave. The new law went into effect on February 19 for employers with 26 or more employees. The goal of the law is to ensure workers in California know their rights and employers have the resources they need to comply with the state’s labor laws. The resources available include:
The Labor Commissioner’s Office in 2020 launched an interdisciplinary outreach campaign, “Reaching Every Californian.” The campaign amplifies basic protections and builds pathways to affected populations so workers and employers understand legal protections and obligations, and the Labor Commissioner’s enforcement procedures. Californians can follow the Labor Commissioner on Facebook and Twitter.
Media Contact: Communications@dir.ca.gov, (510) 286-1161
Employers with Questions on Requirements May Contact: MakeItFair@dir.ca.gov
If you have any questions regarding this new requirement, please check out my website at www.employment-law.net or call me for a FREE consultation at (916) 333-4653.
IS IT ILLEGAL TO PAY YOUR EMPLOYEES IN CASH?
BY STEPHEN FIEGEL, ESQ.
AS A RULE, IT IS NOT ILLEGAL FOR CALIFORNIA EMPLOYERS TO PAY EMPLOYEES IN CASH. IT MAY, HOWEVER, COMPLICATE THE PROCESS OF PAYING ACCURATE PAYROLL TAXES. CALIFORNIA LAW REQUIRES THE FOLLOWING INFORMATION ON ALL EMPLOYEE ITEMIZED PAY STATEMENTS:
GROSS WAGES EARNED;
TOTAL HOURS WORKED (NOT FOR SALARIED EMPLOYEES);
PIECE RATE EARNED (IF APPLICABLE);
NET WAGES EARNED;
NAME OF EMPLOYEE AND LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER;
NAME AND ADDRESS OF EMPLOYER; AND
APPLICABLE HOURLY RATES.
MOREOVER, FAILURE TO REPORT WAGES TO ANY GOVERNMENT AGENCY IS ILLEGAL. THEREFORE, BY PAYING EMPLOYEES “UNDER THE TABLE,” EMPLOYERS EFFECTIVELY AVOIDING PAYING REQUIRED TAXES. EMPLOYERS ARE REQUIRED TO WITHHOLD FROM EMPLOYEE'S CASH PAYMENTS AND PAY THEIR SHARE FOR THE FOLLOWING:
SOCIAL SECURITY AND MEDICARE (FICA);
STATE AND FEDERAL INCOME TAXES;
UNEMPLOYMENT INSURANCE (FUTA);
STATE DISABILITY INSURANCE (SDI);
STATE UNEMPLOYMENT INSURANCE (SUI);
OVERTIME COMPENSATION; AND
SOME OTHER EMPLOYMENT BENEFITS.
EMPLOYERS THAT FAIL TO PAY THE REQUIRED WITHHOLDINGS MAY RESULT IN SEVERAL PENALTIES. FEDERAL TAX PENALTIES INCLUDE REQUIRING EMPLOYERS TO PAY ALL AN EMPLOYEE’S UNPAID LIABILITIES.
ADDITIONALLY, CRIMINAL PROSECUTION MAY OCCUR. EMPLOYERS RISK INVESTIGATION BY THE IRS. TAX EVASION DEFENDANTS ARE KNOWN TO SERVE TIME FOR THEIR OFFENSES.
IN SUMMARY, IF AN EMPLOYER DECIDES TO TAKE ON THE RISK OF PAYING EMPLOYEES IN CASH, THEY MUST COMPLY WITH ALL EMPLOYERS’ REQUIREMENTS IN CALIFORNIA. EMPLOYERS MUST MAINTAIN ACCURATE RECORDS, AS PAYING EMPLOYEES WITH CASH ELIMINATES A PAPER TRAIL.
IF YOU HAVE ANY QUESTIONS REGARDING THIS ISSUE OR ANY OTHER EMPLOYMENT-RELATED MATTER, PLEASE CHECK OUT MY WEBSITE AT WWW.EMPLOYMENT-LAW.NET OR CALL ME FOR A FREE CONSULTATION AT (916) 333-4653.