Decoding The California Pay Stub: Rights, Details, and Common Mistakes

[00:00:00] Ugh, dieser komplexe Finanzierungstalk ist ganz schön anstrengend. Ob ich mein Depot jemals angelegt kriege?

[00:00:06] Aber du hast doch schon ein Depot.

[00:00:08] Äh, nee.

[00:00:09] Doch, du hast das Vodafone Gigadepot.

[00:00:11] Ha, stimmt! Und da habe ich ja selbst in der Hand, wie groß mein Depot ist.

[00:00:15] Jetzt mit dem Vodafone Gigadepot und verbrauchtes Datenvolumen in den nächsten Monat mitnehmen.

[00:00:19] Go on im zuverlässigen 5G-Netz von Vodafone. Vodafone. Together we can.

[00:00:30] Well, that equated to a 9 million dollar settlement.

[00:00:34] Dang.

[00:00:35] So, these two...

[00:00:36] It's a big hit.

[00:00:38] Welcome back folks.

[00:00:39] This is episode 131 and 42.

[00:00:44] As we talk about California pay stubs and what is necessary and required on these stubs.

[00:00:51] We stubbin'?

[00:00:52] We be stubbin'.

[00:00:53] We be stubbin' before we get into all that.

[00:00:55] How you doin'?

[00:00:56] I'm good, man.

[00:00:57] Good. How about you?

[00:00:58] I'm alright, man. I'm alright.

[00:01:02] Yeah, man.

[00:01:02] That's good, bro.

[00:01:03] As we...

[00:01:04] At the time of this recording, we are the night before election day.

[00:01:10] Well, by the time you hear this, it would've already...

[00:01:11] It would already be.

[00:01:13] Yeah.

[00:01:13] We already have our new president elect.

[00:01:16] We'll see how that goes.

[00:01:18] Yeah.

[00:01:19] God bless us all.

[00:01:21] Yeah.

[00:01:22] Yup.

[00:01:23] What's going on otherwise, man?

[00:01:26] Nothing, I'm good, bro.

[00:01:27] I'm good.

[00:01:27] No complaints.

[00:01:29] Just take it day by day, bro.

[00:01:31] Honestly.

[00:01:31] That's it.

[00:01:32] Holiday season is upon us.

[00:01:34] Holiday season is upon us.

[00:01:36] I'm hoping that nothing gets too wild and crazy with the election.

[00:01:40] Not all my daughters worry about that also.

[00:01:42] I had to calm her down the other day.

[00:01:45] And it's sad.

[00:01:46] I was talking to a colleague of ours that we know, and I don't wanna put him on blast like that, but he was saying the same thing.

[00:01:54] He was just like, oh, it's scary that these conversations, I was telling the same thing.

[00:01:57] Hey, I had to talk to my daughter about this, that he's crazy.

[00:02:01] Yeah.

[00:02:02] You gotta do that.

[00:02:02] And he actually said that I had, cause I had posted a TikTok about some stuff.

[00:02:08] He was like, oh, you really spoke to me about like, it really hit home.

[00:02:12] And he was, you know what I mean?

[00:02:14] So just thought provoking for everyone.

[00:02:17] But other than that, man, like I'm looking forward to the holiday season.

[00:02:21] I'm looking forward to my girl, Mariah.

[00:02:25] Carrie.

[00:02:28] Yeah.

[00:02:29] She's ready.

[00:02:30] Gotta break out the song.

[00:02:31] I love it.

[00:02:32] They're gonna stretch the vocals.

[00:02:34] Yup.

[00:02:35] Yup.

[00:02:36] What else?

[00:02:37] That's really it, man.

[00:02:38] That's really it.

[00:02:39] Just getting ready.

[00:02:40] You know?

[00:02:41] Yup.

[00:02:43] Yes, sir.

[00:02:44] All right.

[00:02:44] Well, let's get into it then.

[00:02:46] We got some pay news for us.

[00:02:48] Start us off with a good article here.

[00:02:50] We're talking about pay stubs in California.

[00:02:53] I did some research and found out if there's any, were any cases out there.

[00:02:58] Well, cause there are fees and penalties that employers.

[00:03:01] Yup.

[00:03:01] Can accrue.

[00:03:03] Yup.

[00:03:03] If they're not.

[00:03:04] Careful.

[00:03:05] And there were some, there were two substantial ones that did occur in the state of California

[00:03:09] actually.

[00:03:10] And this article that I have by lawsuitlegit.com talks about a couple of different things and

[00:03:18] it gives these two examples.

[00:03:20] So the first one was Verizon.

[00:03:22] Verizon had a $15 million settlement.

[00:03:25] Okay.

[00:03:26] Because of pay stub violations.

[00:03:28] What?

[00:03:29] Yeah.

[00:03:30] Yeah.

[00:03:31] Yeah.

[00:03:31] So it was in 2014 that it happened.

[00:03:35] 2014.

[00:03:36] Dang.

[00:03:37] It was, look, it was a huge hit financially.

[00:03:40] It may have impacted their reputation beyond the monetary laws.

[00:03:45] Yeah.

[00:03:45] It may say, Hey, I want to work there for them.

[00:03:47] Maybe in California.

[00:03:48] I love to meet.

[00:03:49] This is the first time I hear it.

[00:03:50] Yeah.

[00:03:51] And it may have given them a bad reputation with the regulatory services.

[00:03:55] Oh, for sure.

[00:03:56] Hey, we got to watch.

[00:03:57] We're not.

[00:03:58] But you know, the bad thing about California sidebar is that lawyers, because they're so

[00:04:05] employee centric, lawyers just look for companies to, they're actively looking basically like

[00:04:14] how.

[00:04:15] What's that?

[00:04:16] I think there's, I think that's everywhere, but I think I get what you're saying.

[00:04:19] Probably in California is more prevalent, right?

[00:04:21] Like they're chomping at the bit to like.

[00:04:23] Yes.

[00:04:24] Exactly.

[00:04:25] Right.

[00:04:25] Exactly.

[00:04:26] Right.

[00:04:26] I think of, it made me think of like how some lawyers chase ambulance, like how they talk

[00:04:32] about that ambulance chases or whatever.

[00:04:34] So that's how I picture them in Cali, but yeah.

[00:04:38] And what was the other one?

[00:04:39] The other one was a temp agency, right?

[00:04:42] This temp agency failed to provide accurate itemized wage statements to work slide to a

[00:04:47] class action lawsuit.

[00:04:49] It impacted 19,000 workers.

[00:04:52] Mm.

[00:04:53] Oh, that equated to a $9 million settlement.

[00:04:57] Dang.

[00:04:58] So these, big hit.

[00:05:00] Yeah.

[00:05:01] These fees are, these violations are serious.

[00:05:03] So you gotta make sure you're doing the right thing in the, in the state of California.

[00:05:08] Wow.

[00:05:09] Yeah.

[00:05:10] So what do you have for the world?

[00:05:11] Mine's a quick one out just researching employee issues and whatnot.

[00:05:15] And I came across an article for the founder and CEO of Raising Canes.

[00:05:20] It's a chicken tender franchise.

[00:05:22] And I haven't been there yet.

[00:05:24] I gotta check it out.

[00:05:25] Next time I'm in GA, they're not in Florida yet, but any who he had talked about hiring

[00:05:31] practices and what he looks for when he's hiring employees and things like that.

[00:05:36] And one of the things that is a red flag for him is when they're more into title and control

[00:05:45] versus teamwork.

[00:05:47] Mm.

[00:05:47] So what, during an interview, if he realizes that you're all about the title and how, what,

[00:05:52] who do I rule over?

[00:05:54] You know what I mean?

[00:05:54] And that's what it is about for some folks, right?

[00:05:56] It's about the titles, about that status.

[00:05:58] It's about a power.

[00:06:00] And that's a turnoff for him when he's hiring.

[00:06:03] Right.

[00:06:03] Wow.

[00:06:04] And the good, right.

[00:06:05] What he does look for is as opposed to that characteristic, he says that when people

[00:06:11] are invested in the collective success, it makes a huge difference.

[00:06:15] And that's easy to say, Hey, why did you take this job?

[00:06:18] Oh, wow.

[00:06:18] I really want to impact change.

[00:06:19] And I love working with people and serving people as opposed to, Hey, yeah, I want to

[00:06:24] be a regional manager now.

[00:06:27] And yeah, I've managed 20 people.

[00:06:29] Now I want to go to a hundred or a fifth.

[00:06:31] Then it's, Oh, okay.

[00:06:32] And it's about different things.

[00:06:34] Yeah.

[00:06:34] Yeah.

[00:06:35] You're right.

[00:06:35] You just said it.

[00:06:36] That's exactly what I was going to say.

[00:06:37] It's different goals for different people.

[00:06:39] Like you may go through those different phases in your life when you start out and you're,

[00:06:43] and you're maybe just, you're new into a career.

[00:06:45] I don't necessarily think that it matters your age.

[00:06:49] Cause you can get into a new career even when you're older and be like headhunting and

[00:06:54] really going after it to try to get that thing.

[00:06:56] And I'd like to make a correction, sir.

[00:06:58] You do have Raising Cane's in Florida.

[00:07:00] Oh, where is it?

[00:07:01] There's one in Pompano beach.

[00:07:03] No way.

[00:07:04] Yes.

[00:07:04] Off of North federal highway.

[00:07:06] No way.

[00:07:07] He's got this there.

[00:07:08] Yo, my son done led me wrong.

[00:07:10] Is it cause we remember we were talking about Dave's hot chicken and all right.

[00:07:16] Cause he said that my son was like, there's nothing here in Florida.

[00:07:19] There's no Raising Cane.

[00:07:20] So Dave's hot chicken got us talking about Raising Cane's day.

[00:07:23] I'm gonna have to take them.

[00:07:25] Maybe.

[00:07:26] Yeah.

[00:07:27] Next weekend we have to go to Raising Cane's.

[00:07:29] Yep.

[00:07:30] Yep.

[00:07:31] And then I think I know there's a Dave's hot chicken somewhere.

[00:07:34] Like, Oh no, we went to Dave's hot chicken.

[00:07:36] Yeah.

[00:07:36] There's one down here in South Florida.

[00:07:38] Now, apparently it was only in central Florida.

[00:07:40] It just came down to South Florida.

[00:07:43] The first time we went, there was a, a, a line around the block.

[00:07:47] Oh, wow.

[00:07:48] Yeah.

[00:07:49] There's Raising Cane's all over the place down there, bro.

[00:07:51] Oh really?

[00:07:52] Yeah.

[00:07:53] Pompano beach.

[00:07:54] There's one in.

[00:07:55] That's what happens when you listen.

[00:07:56] Near Miami.

[00:07:57] There's two down in near Miami.

[00:08:00] One near Delray, Boca area.

[00:08:02] Okay.

[00:08:03] See.

[00:08:04] Thank you very much.

[00:08:06] Yes, sir.

[00:08:06] Fact check.

[00:08:07] All right.

[00:08:08] Cool.

[00:08:08] Let's pay the bills.

[00:08:10] Time to pay the bills.

[00:08:11] Shout out to time track.

[00:08:13] Time track.

[00:08:14] Go is introduced an innovative new feature designed to simplify time tracking for both

[00:08:20] exempt and non exempt employees.

[00:08:23] This feature aligns with the recent changes in the FLSA standard or the FLSA, FLSA at FLSA.

[00:08:32] Please, sir.

[00:08:33] This feature aligns with the recent changes in the fair labor standards at four employees.

[00:08:40] All right.

[00:08:41] So by automatically calculating standard 40 hour work weeks and accurately determining overtime when necessary.

[00:08:47] Time track goal ensures precise, keyword precise, precise employee time while maintaining accurate PTO balance.

[00:08:57] Those are two good words you like in payroll, right?

[00:09:00] For real.

[00:09:00] Accurate and precise.

[00:09:01] Accurate and precise words.

[00:09:03] And on time.

[00:09:04] Yeah.

[00:09:04] On time.

[00:09:05] Yes.

[00:09:05] Especially on time.

[00:09:06] Additionally, the system can identify those instances where non exempt employees may not have reached that 40 hour threshold.

[00:09:15] So to learn more, please contact time track.

[00:09:19] Go at 888-321-9922.

[00:09:23] Or you can go visit www.timetrackgo.com.

[00:09:27] That is T I M E T R A K.

[00:09:31] Go.

[00:09:32] That com.

[00:09:33] Let's go.

[00:09:35] Let's go.

[00:09:48] Let's go.

[00:09:51] I'm Brian.

[00:09:51] We always have good things going that customer services is just seconds to none.

[00:09:56] Yeah.

[00:09:56] Check them out.

[00:09:58] All right.

[00:09:58] Let's get into the main topic.

[00:10:00] As we talk about, we continue to conversation about California.

[00:10:04] And I think as we can continue to frame states, right?

[00:10:08] Like it's right.

[00:10:08] As I like thinking about, okay, what's important in the state, right?

[00:10:14] Earnings, deductions, taxes.

[00:10:16] And for California is pay stub because they're really strict about what, how their pay stub is.

[00:10:25] All the things that are on their pay stub.

[00:10:26] And as we'll highlight it with the news, they're hitting companies that that violated.

[00:10:31] So you're an employee in California.

[00:10:35] Listen up.

[00:10:36] We'll got some gems for you.

[00:10:38] Yeah.

[00:10:38] So what I want you to think about in terms of the fees, I don't know if you remember who call me the clown was from living colors.

[00:10:44] Yes.

[00:10:45] I just saw a clip the other day.

[00:10:47] Yes.

[00:10:48] I want to take a break real quick, just to let you know about a new show.

[00:10:52] We've just added to the network up next at work hosted by Gene and Kate Akil of the Devon group.

[00:11:01] Fantastic show.

[00:11:02] If you're looking for something that pushes the norm, pushes the boundaries, has some really spirited conversations.

[00:11:09] Google up next at work, Gene and Kate Akil from the Devon group.

[00:11:17] Yeah.

[00:11:18] Hold me don't play that.

[00:11:19] That's how we don't play that.

[00:11:20] Yeah.

[00:11:20] That's how California is with these space though.

[00:11:23] Yes.

[00:11:23] As a great analogy.

[00:11:25] You're right.

[00:11:25] All right.

[00:11:26] So here, we're going to talk about some key points and takeaways that, you know, you as an employee may want to consider, or you should know.

[00:11:34] Right.

[00:11:35] And even if you're a payroll pro or HR pro or an employer listening to this, you could take away some, some banks from this as well.

[00:11:42] California law mandates that each stuff must contain specific information, including an employee's full name, the last four digits of their social or their employee ID, the pay period dates, gross, gross to net earnings.

[00:12:00] That can include PTO, whatever those hours are coded, OT, all those different things need to be itemized and broken out.

[00:12:08] Yep.

[00:12:08] Total hours worked even for salary, even folks, even for salary folks and even for those non-exempt employees as well.

[00:12:16] So you want to make sure that the, have the applicable hourly rates in total hours worked at each rate.

[00:12:23] So there notice has said at each rate, you have split shifts or anything like that.

[00:12:27] What are they called?

[00:12:28] Shift differentials.

[00:12:29] Shift differentials.

[00:12:30] Yeah.

[00:12:30] Premium rates.

[00:12:32] Doing different things.

[00:12:33] Yep.

[00:12:33] Yep.

[00:12:33] Those different things and stuff you want to look at those deductions, right?

[00:12:36] Ooh.

[00:12:37] Those things listed like Brian started discussing, saying benefits, taxes.

[00:12:41] So those are different things you want to have listed there.

[00:12:44] Paid sick leave.

[00:12:46] The balance needs to be on there when applicable, right?

[00:12:49] So those are things you want to make sure that you do and want to make sure that you're aware of those things as the employee and the payroll pro or HR pro.

[00:12:58] And you want to make sure that you give easy access to pay stubs.

[00:13:02] So employees must receive a pay stub either electronically with easy access to a printable version, or they may, they must receive it in paper form.

[00:13:12] So they elect sometimes companies, a lot of companies nowadays, they give the option to where their employee can choose to do it electronically to get it on paper form.

[00:13:24] Yeah.

[00:13:24] So this ensures that they have full access to payment details, which is protected under California strict wage and law, uh, our laws.

[00:13:34] So, and you also want to make sure that you understand that you have a right to accurate and timely pay information.

[00:13:41] So that means you want you employees in the state of California, you have the right to inspect their pay stubs and to ensure their accuracy.

[00:13:49] Look, and not just in California, you should do this.

[00:13:51] No matter where you reside, we encourage you to really take ownership of your pay, right?

[00:13:58] Yes.

[00:13:59] Don't be afraid to ask them the questions.

[00:14:02] Yeah.

[00:14:02] It's the last one before I hand it off.

[00:14:04] And Brian gets into some comparisons with other states and get into his thing.

[00:14:08] Employees have the right to inspect their pay stubs.

[00:14:11] Like I said, and that the new have any discrepancies arise.

[00:14:15] Employees are encouraged, encouraged in the state of California to address them promptly.

[00:14:22] So Mr. Misrepresentations on pay stubs can lead to costly penalties for employers and may impact pay transparency.

[00:14:32] Think about Verizon, that $15 million lawsuit, that temp agency, $9 million.

[00:14:37] And that's, man, like that's, man, that's crazy.

[00:14:39] Yup.

[00:14:41] Yup.

[00:14:41] This last one's for you too.

[00:14:43] Okay.

[00:14:44] Unlike California, many states only require partial wage information on pay stubs.

[00:14:49] For instance, Texas and Florida only mandate that the gross slash net earnings appear without itemized deduction or, or deductions or hourly details.

[00:15:00] California's detailed approach underscores it, its commitment to waste transparency and employee rights.

[00:15:07] See, and that's a great call.

[00:15:08] I'm, I love that the comparison was for Texas and Florida, cause we've been saying in the show, that's the difference between.

[00:15:15] Yes.

[00:15:16] You don't pay income tax in Texas and Florida, and there's eight or nine other states that you don't pay income tax in, but you lose that advocacy, that governing body, that employee centric.

[00:15:28] That's why can I say the word anymore?

[00:15:31] Employee centric.

[00:15:32] Governing government, right.

[00:15:34] That's protecting your rights.

[00:15:36] Florida, we don't pay income tax, but guess what?

[00:15:39] We don't have all these rules either.

[00:15:41] Cause there's no staff.

[00:15:43] There's no people actually doing that, right?

[00:15:46] Actually going out and policing the employers and making sure that they're doing it and making sure they're compliant.

[00:15:52] So that's the trade all.

[00:15:53] Sorry, that was a good one.

[00:15:55] Those all of the, all again, that section was for our employees, mainly, those are the things you need to think about now for our payrollers and all the folks that are responsible to actually get those paychecks out the door in whatever fashion.

[00:16:09] Right.

[00:16:09] And there is some overlap here, of course, but for the employers, here's, here are the things that you should know.

[00:16:16] The covered employers, meaning the employers that have to abide by these rules are all employers except local government organizations, school districts, and not for profit schools that employ students.

[00:16:33] Right.

[00:16:34] Weird exceptions, but those are the exceptions in California.

[00:16:38] Yeah.

[00:16:38] The not for profit schools that employ students is like, what?

[00:16:41] But okay.

[00:16:42] Look up.

[00:16:43] And, but this isn't the reason you gotta go look up the exceptions, right?

[00:16:46] If you're not a local government or school district or not for profit school, then you pretty much have to abide by the law.

[00:16:53] Um, now payments can be made in Cali paycheck cash, a paper check or direct deposit, of course.

[00:17:05] But it also goes as far as to say anything that was a method that can be fully cashed on demand at the business location in this.

[00:17:15] Yeah.

[00:17:16] Yeah.

[00:17:16] I want to go back to something because I'm just thinking about like the covered employers.

[00:17:21] How it said all employers except, and this kind of threw me for a loop, except for some local government organizations.

[00:17:28] I'm like, wait, why would I understand it's a little bit different?

[00:17:31] Cause I know the state is mandating it.

[00:17:33] Yeah.

[00:17:34] Like when you want the local government to be like transparent with the stuff that makes it seem shady to me.

[00:17:40] Yep.

[00:17:41] Yep.

[00:17:42] Yep.

[00:17:42] Yep.

[00:17:42] But honestly, that's how it is at the federal level too.

[00:17:46] Mm-hmm.

[00:17:47] Right.

[00:17:47] It'd be like, oh, but it works both ways.

[00:17:50] Cause then sometimes they do a law and it's like only the federal government is impacted by it and not all businesses.

[00:17:59] So it works both ways, but yes, good call out.

[00:18:02] What threw me off was, and this speaks to how old these laws are.

[00:18:08] Yeah.

[00:18:08] Right.

[00:18:08] That they just, they're so old cause it said basically it's okay.

[00:18:13] You can get paid in cash, check, direct deposit, or anything that's on demand that you can solve at the location.

[00:18:19] Hey, I'm gonna say, give you this card and this is the pay card.

[00:18:23] You gotta come back and hand this card in for pay.

[00:18:25] It's not, it's crazy.

[00:18:27] Any old.

[00:18:28] The check, uh, in that payment method, the check must show the business's name and address.

[00:18:33] And if it's drawn on a bank, again, how old these rules are.

[00:18:39] Right.

[00:18:39] Cause I had to read this several times to understand what it said.

[00:18:43] If it's drawn on the bank name and address don't have to be on the check, but it must be able to get cashed at any branch of that bank.

[00:18:54] Weird.

[00:18:55] Right.

[00:18:56] It's just, yeah.

[00:18:57] So.

[00:18:58] How's that work?

[00:18:59] Exactly.

[00:18:59] And I get it that you don't have to put the bank name on it or whatever, but.

[00:19:03] Yeah.

[00:19:04] Any who.

[00:19:05] And then now here's some of the, the overlapping information.

[00:19:08] Walt shares some of this stuff.

[00:19:09] What has to be on the pay statement, the gross and net wages.

[00:19:13] It's always good.

[00:19:14] It's always good to give a good reminder.

[00:19:16] Absolutely.

[00:19:16] No, especially cause again, we're repeated for our payroll pros, right?

[00:19:20] Taking notes and we just, oh my gosh, I didn't know that.

[00:19:23] The gross and net wages, the applicable hours and rates in effect during the pay period.

[00:19:29] The number of hours worked by each employee and their each hourly rate.

[00:19:36] Number of peace rate units earned and any applicable peace rates.

[00:19:41] Right.

[00:19:41] You may get a different rate for doing widget A than widget B. Then it's gotta say that.

[00:19:48] Deductions.

[00:19:49] Pay periods, start and end dates.

[00:19:53] Employees name.

[00:19:55] Employee only the last four of the social.

[00:19:58] This keywords only the last four of the social.

[00:20:01] Mm-hmm.

[00:20:03] Or another employee ID other than the social security number.

[00:20:08] Right.

[00:20:08] You cannot.

[00:20:09] Point being, you cannot put somebody's whole social on their track.

[00:20:13] Nope.

[00:20:14] Employee's name and address.

[00:20:16] Hey everybody.

[00:20:16] I'm Lori Rudiman.

[00:20:17] What are you doing?

[00:20:18] Working?

[00:20:19] Nah.

[00:20:20] You're listening to a podcast about work and that barely counts.

[00:20:23] So while you're at it, check out my show, Punk Rock HR, now on the Work Defined Network.

[00:20:29] We chat with smart people about work, power, politics, and money.

[00:20:33] Are we succeeding?

[00:20:34] Are we fixing work?

[00:20:35] Eh, probably not.

[00:20:36] Work still sucks, but tune in for some fun, a little nonsense, and a fresh take on how

[00:20:41] to fix work once and for all.

[00:20:44] Yes.

[00:20:44] And then overtime hours may be itemized as corrections on the regular pay stub with identified dates

[00:20:51] of the pay period for any corrections.

[00:20:53] Meaning, I think what that means is if they owe you overtime from another pay period, it still has to be like, right?

[00:21:01] And then this is something that I was always a stickler with or still am a stickler with retro.

[00:21:06] Right?

[00:21:06] If you do retro hours, I like to break it out.

[00:21:11] Hey, here's retro hours regular, retro hours OT.

[00:21:14] Mm-hmm.

[00:21:15] Some folks just dump it in all retro.

[00:21:18] But you really can't tell, especially if, cause then you gotta argue.

[00:21:22] Then you, then I feel like it creates a whole work.

[00:21:25] You gotta explain it anyway, right?

[00:21:26] Yeah.

[00:21:27] Just...

[00:21:27] Cause what if the employee challenges you?

[00:21:29] Yeah.

[00:21:29] You didn't pay me all my OT for this year.

[00:21:31] That's what I was saying.

[00:21:32] You gotta explain it to the employer anyway.

[00:21:35] Might as well break it out nicely.

[00:21:37] Make it easy for yourself as the payroll professional in the organization to just break this stuff out.

[00:21:42] Yeah.

[00:21:42] And then Walt said the paid sick leave or paid time off.

[00:21:45] And not only what you've used, but your current balance has to show.

[00:21:50] Mm-hmm.

[00:21:51] And believe me, employees will hold you to this in Cali.

[00:21:54] I remember Cali employees being like, hey, where is it all?

[00:21:59] Where's my balance?

[00:22:00] My balance is not right.

[00:22:01] It's not on here, blah, blah, blah.

[00:22:02] Yep.

[00:22:02] Don't think that they don't know and they're not paying attention.

[00:22:05] Some of them are very savvy.

[00:22:06] All of us Cali employees need to be, but so keep that in mind.

[00:22:12] And then the last, oh, a couple more points.

[00:22:14] I'm sorry.

[00:22:15] Farm labor contractors.

[00:22:17] If you are a farm labor contractor, you must include the name and address of the legal entity that secured the employer's services on the farm labor's pay statement.

[00:22:26] And then payment for mandated break time and other non-productive time must be listed separately on peace rate workers pay statement.

[00:22:40] I don't know what all that means, but if you, if this applies to you, you need to follow up and look that up.

[00:22:45] I know what the mandated break time is.

[00:22:47] I get that.

[00:22:48] But like the non-productive time, that was interesting to me because you're a peace worker, you get paid by a peace and then they got to live.

[00:22:55] So look that up.

[00:22:56] If this is a, applies to you as a payroll or go look it up or follow up.

[00:23:01] This is all that I included in here.

[00:23:03] Oh no.

[00:23:04] This is all on the California's websites and stuff like it's in there.

[00:23:08] And now real quick, the penalties, the penalties that are applicable is let's see pay a payment, a payment method violation.

[00:23:19] If you violated the pay method laws, it's a hundred dollars civil penalty for the first violation.

[00:23:26] Two hundred for each additional violation plus 25% of the amount due.

[00:23:34] Yep.

[00:23:35] Pay statement violation.

[00:23:36] So that was pay method violation.

[00:23:38] This is pay statement violations is penalty of either actual damages or $50 for the first violation, a hundred dollars per employee for each additional violation up to $4,000 plus costs and reasonable attorneys fees.

[00:23:57] Wow.

[00:23:57] So that's where it racks up because it's like penalty of either actual damages or the $50, then a hundred dollars per employee up to $4,000.

[00:24:08] So imagine if you have thousands and thousands of employees times $4,000 plus attorney's fees.

[00:24:14] That's why they got hit for the nine and 15 million on those companies.

[00:24:18] And they add up over time.

[00:24:20] It adds up.

[00:24:21] And then a separate section is failure to itemize deductions and provide statements is a misdemeanor with a fine up to $1,000 or a year in jails.

[00:24:33] My God.

[00:24:35] That's crazy.

[00:24:36] Excuse me.

[00:24:37] You're making me a joke.

[00:24:38] A civil penalty, $250 per employee for the first violation, unless due to clerical error or mistake.

[00:24:46] You got to be able to prove that folks be, but that's why documentation is a pillar of payroll.

[00:24:53] You and transparency, we got to update it and make radical transparency a pillar of payroll.

[00:25:00] Because if you're, if you report your error and you document your errors fearlessly, meaning, and then this is not every environment that you could probably do it.

[00:25:09] Because now I'm sure now all employees feel this comfortable, but it's the right way to do it.

[00:25:15] You, as an employer, you really want to get your staff to a point where please let's report errors.

[00:25:22] Let's be transparent.

[00:25:23] One, cause you're fixing your system.

[00:25:24] You'll get better at fixing.

[00:25:26] And two, you have the documentation to back yourselves up later to say, oh, what happened here?

[00:25:32] Oh gosh, that was an error we made, but look, here's all the backup.

[00:25:36] Here's what we did to correct it.

[00:25:38] Here's boom.

[00:25:39] Here's all the backup, the corrective action, the results, all that good stuff.

[00:25:43] And then, and oh, under this same category, a thousand dollars per employee for each additional violation.

[00:25:50] So two 50 for the first one, but a thousand dollars for each additional per employee.

[00:25:56] So they're giving you that time to correct it.

[00:25:59] We warned you.

[00:26:00] We fight.

[00:26:01] But if you don't fix it, we coming back really hard.

[00:26:03] It gave me a pizza, gave me a trigger.

[00:26:06] Me, man.

[00:26:06] Reminded me of those.

[00:26:07] I know it's different.

[00:26:08] It reminded me of the bank fees that we used to get back in the day.

[00:26:11] Dude, you can't say bank fees.

[00:26:13] I immediately think of bank of America.

[00:26:15] Sorry, bank of America.

[00:26:16] Y'all killed me back in the day.

[00:26:18] Well, I swear don't get me.

[00:26:21] But not for nothing.

[00:26:23] And we've talked about this many times.

[00:26:24] Those predatory fees back then is why they changed the law.

[00:26:29] It don't happen again the same way, but still they would kill.

[00:26:33] Oh God.

[00:26:34] They made so much money on people like us.

[00:26:37] And what I mean by people like us broke folks back in the day, young and broke and ignorant.

[00:26:43] And then they also have a right to correct section that I found in the law.

[00:26:48] Yeah.

[00:26:49] Because employers can correct violations of providing pay period dates and employers legal entity information before facing civil action.

[00:26:56] Okay.

[00:26:56] Employee must send a written complaint by certified mail to the Department of Labor and Workforce Development and the employer.

[00:27:05] Ooh, that actually should have been up in the employee section.

[00:27:09] Mm-hmm

[00:27:10] And then Department of Labor Workforce Development will notify the employer and the employer has 30 days to correct the issue if notified and 33 days to correct the issue if Department of Labor does not notify.

[00:27:26] Either way you got it correct.

[00:27:28] Yeah.

[00:27:29] Either way you got it corrected.

[00:27:31] But that's it.

[00:27:32] Yeah.

[00:27:32] It's so interesting.

[00:27:33] I, and look, if you're an employee in Cali, call up a lawyer.

[00:27:39] They gonna, they gonna, they will, I'm sure they will get it going for free because those lawyers love some violent, some business violations out there.

[00:27:47] So yeah, man, as we wrap it up, I see we got a nice, uh, we got a fun little this or that for the holiday.

[00:27:54] Yeah.

[00:27:55] We haven't done it in a while now.

[00:27:56] We haven't had it.

[00:27:57] And we should do it.

[00:27:58] Yeah, we should do it.

[00:27:59] It's fun.

[00:27:59] You know what I mean?

[00:28:00] So I think we both have to give answers, right?

[00:28:03] Yeah, we both do.

[00:28:04] Both should give them that.

[00:28:04] Okay.

[00:28:05] I'll go first.

[00:28:06] You, I will ask you first.

[00:28:08] A Christmas story or home alone?

[00:28:11] This one was easy for me, man.

[00:28:13] Which was it?

[00:28:13] Home alone for me.

[00:28:16] Okay.

[00:28:16] A Christmas story or?

[00:28:17] Go ahead.

[00:28:18] Go ahead.

[00:28:19] No, go ahead.

[00:28:20] Say your answer.

[00:28:20] We'll talk about why.

[00:28:22] Mine's is neither.

[00:28:24] Die hard.

[00:28:25] Die hard for Christmas.

[00:28:26] Okay.

[00:28:27] I get it.

[00:28:28] I get it.

[00:28:28] Cause home alone was like growing up.

[00:28:30] I think I love being a kid growing up and that's what, that's what we will watch and stuff

[00:28:34] like that.

[00:28:35] So between those two, if I had to make a choice, it would be them.

[00:28:39] I don't watch either now, but yeah, I don't watch all of them now.

[00:28:44] No, I haven't had one.

[00:28:46] No, man.

[00:28:47] Die challenge.

[00:28:48] This.

[00:28:48] I watch sports.

[00:28:49] Watch basketball.

[00:28:50] No, it's a must this season.

[00:28:53] You must watch them all do all the Christmas movies.

[00:28:56] The Grinch, the new Grinch is bomb.

[00:29:00] The new animated Grinch is awesome.

[00:29:02] You gotta watch them all this season.

[00:29:03] No excuses.

[00:29:05] Okay.

[00:29:05] Gotcha.

[00:29:05] Gotcha.

[00:29:06] All right.

[00:29:06] On your, your in-house date nights.

[00:29:08] You know what I mean?

[00:29:09] Your movie nights, movie nights, chill.

[00:29:11] We'll be cooking it up.

[00:29:12] Yep.

[00:29:13] Yes.

[00:29:13] You gotta do it and watch the movies.

[00:29:16] All right.

[00:29:16] Second one is rum cake or coquito or eggnog for the non Latinos.

[00:29:22] Not first.

[00:29:23] Yeah.

[00:29:23] So for me, I'm going to have a dough with coquito.

[00:29:26] And I wore that.

[00:29:28] Okay.

[00:29:29] You got it.

[00:29:29] You can't do a store-bought rum cake.

[00:29:31] And if you don't do a store-bought rum cake, you got to make sure that you get it

[00:29:34] from a place or a person that you know it's, it's on point.

[00:29:38] Cause sometimes man, it's, it'd be a hit over this bro.

[00:29:42] It, it agreed.

[00:29:43] See, that's how I feel about coquito too.

[00:29:45] That I don't get it usually from outside the house.

[00:29:47] Although Bacardi has a great bottled coquito.

[00:29:51] Don't tell my mama said that she already, but, but it's funny cause so rum cake.

[00:29:58] So for me, both.

[00:30:00] Okay.

[00:30:01] Both.

[00:30:02] Yes.

[00:30:03] Because we do the coquito and my wife has a, I don't know if we're gonna, if she still

[00:30:10] knows the person that does the rum cake homemade.

[00:30:12] Bro.

[00:30:14] And I think she soaks it in rum after it's baked.

[00:30:18] Wow.

[00:30:19] Yes.

[00:30:20] Not kids cannot eat this cake.

[00:30:22] It's no alcohol is burned off in the baking process.

[00:30:26] This is, it got rum in this cake.

[00:30:28] Dripping with a shot and each piece.

[00:30:31] Oh wow.

[00:30:32] Well, yes.

[00:30:34] Okay.

[00:30:34] Last one.

[00:30:35] Turkey or ham?

[00:30:36] I'm gonna go with turkey.

[00:30:37] What about you?

[00:30:39] Yeah.

[00:30:40] Yeah.

[00:30:40] It's quite pretty much neither.

[00:30:43] Yer.

[00:30:43] Which is a roasted roast pork shoulder.

[00:30:47] And it's so funny cause we were just talking about, oh wait, no, I had one more for you.

[00:30:52] Okay.

[00:30:53] What was that?

[00:30:53] Pumpkin pie or sweet potato pie?

[00:30:55] They're both good, but I always gotta go with the sweet potato.

[00:30:58] You always go with sweet potato.

[00:30:59] Okay.

[00:31:00] Yeah.

[00:31:00] What about you now?

[00:31:01] I do both, but I kinda, I think I lean toward pumpkin.

[00:31:06] Okay.

[00:31:07] Yeah.

[00:31:08] I actually like pecan pie.

[00:31:09] I do all pies.

[00:31:11] Holidays.

[00:31:11] I'll be trying to get all the pies.

[00:31:14] Hi there.

[00:31:15] I'm Peter Zollman.

[00:31:17] I'm a co-host of the inside job boards and recruitment marketplaces podcast.

[00:31:22] And I'm Steven Rothberg.

[00:31:23] And I guess that makes me the other co-host.

[00:31:25] Every other week we're joined by guests from the world's leading job sites.

[00:31:29] Together we analyze news about general niche and aggregator job board and recruitment marketplaces sites.

[00:31:35] Make sure you sign up and subscribe today.

[00:31:40] Yeah.

[00:31:41] Uh, as you can see, that's why I got the fat neck.

[00:31:43] Oh God.

[00:31:44] Stop.

[00:31:45] Um, yeah.

[00:31:47] So yeah, man.

[00:31:49] Oh, I was gonna say, we were just talking about it.

[00:31:52] We had like turkey ends up being such a waste because they, and we keep trying to get smaller and smaller on the turkey.

[00:32:00] We don't eat the turkey.

[00:32:02] We're on our peni.

[00:32:03] We're on our get them ham and we're eating other things.

[00:32:06] Pasteles is a big part of our holiday season.

[00:32:09] So we eat pasta.

[00:32:10] We eat everything but turkey, especially for Thanksgiving.

[00:32:13] So his wifey was like, how about no turkey?

[00:32:16] Oh, you're not more.

[00:32:17] No turkey.

[00:32:19] Cause we just not.

[00:32:20] Not turkey fans.

[00:32:22] Not big turkey fans.

[00:32:23] Yeah.

[00:32:23] I kind of like the sandwich of the day after.

[00:32:26] It's good.

[00:32:26] A turkey sandwich as opposed to turkey.

[00:32:30] And so who knows?

[00:32:32] One year, I remember we did a, I, I did boneless turkey breasts and it was kinda, it was like, yeah.

[00:32:40] Yeah.

[00:32:40] Yeah.

[00:32:40] All right.

[00:32:41] I do have one more for you that I didn't get that line.

[00:32:44] Are you a stuffing or dressing person?

[00:32:48] Stuffing.

[00:32:49] I didn't even know what dressing was until I moved to the south.

[00:32:54] And I was like dressing.

[00:32:56] Yeah, sure.

[00:32:56] We got Italian.

[00:32:57] We got French.

[00:32:58] We got this.

[00:32:59] I was like, what's dressing?

[00:33:01] Uh, yeah.

[00:33:02] It's the same thing, right?

[00:33:03] No, I think stuffing is what, what the people actually put inside the bird.

[00:33:07] Cause sometimes people put the stuffing in the bird.

[00:33:09] They put it inside the bird.

[00:33:11] Yeah.

[00:33:11] And then the dressing is like, when they do it on the side.

[00:33:14] Yeah.

[00:33:15] We call it the same thing.

[00:33:16] Like cornbread dressing.

[00:33:18] Yes.

[00:33:18] I would do it with cornbread, but she won't stuff the bird with it.

[00:33:21] She'll just bake it by itself on the side.

[00:33:23] My mom does both, but it's the same thing.

[00:33:27] She'll stuff it, same mixture.

[00:33:29] She'll put the cornbread sauces, stuffing.

[00:33:33] Yeah.

[00:33:33] And then also make a tray of it on the side cause it's never enough.

[00:33:36] That I eat that and the right.

[00:33:37] Yeah.

[00:33:38] It's the same to me.

[00:33:39] Cause I think the one in the bird gets a little, little wet, too wet for me.

[00:33:43] People do it by your head.

[00:33:45] Fair.

[00:33:45] It is a little bit more.

[00:33:47] So yeah, it's fair.

[00:33:48] I'll take that.

[00:33:50] All right, man.

[00:33:51] So before we close it out, I wanted to ask what are some good perks that employers can give

[00:33:59] employees can get during the holidays?

[00:34:02] Right.

[00:34:03] Cause for instance, once upon a time, everybody got a free Turkey.

[00:34:08] I never got a free Turkey.

[00:34:09] Cause I think we're too young for it.

[00:34:11] I remember my mom always getting a free Turkey.

[00:34:15] Like she depended on it.

[00:34:17] And then at some point I feel like, I think it was like people, employees started complaining about getting sick or the bad to write.

[00:34:27] Okay.

[00:34:27] And that's why they stopped the actual literal Turkey.

[00:34:30] And then some employees would try to do the butterball gift certificate or gift certificates.

[00:34:36] Yeah.

[00:34:38] But then it, but then even that becomes a problem because technically when we're talking payroll here, if you get a gift certificate for $25 or more, that should be added on to your earnings for the year and taxed.

[00:34:53] Technically.

[00:34:54] Sorry to be the bearer of bad news here folks.

[00:34:58] But so then it's like, what do employers do?

[00:35:02] If you have the budget for it.

[00:35:04] I like, I've always liked receiving a holiday bonus.

[00:35:08] No, I was very real as an employee was dad's stuff on the holidays.

[00:35:13] And look, a holiday bonus could be 50 bucks, a hundred bucks, two 50, whatever it look, it's going to get taxed at that bonus rate and stuff like that.

[00:35:22] So you're going to pay the potentially pay the supplemental.

[00:35:25] Maybe potentially.

[00:35:26] Thank you for saying potentially.

[00:35:27] Right.

[00:35:28] But I'm going to give you some money.

[00:35:30] That's going to go towards something that I need or something for the holidays.

[00:35:33] Right.

[00:35:33] So for me, I feel like more people may appreciate that.

[00:35:38] Look, there's some companies I worked for where they didn't do any of that.

[00:35:41] And you just say, Hey, early release day.

[00:35:44] Oh, Oh, I'll take that.

[00:35:46] Right.

[00:35:47] I'll take that only because only because more recently.

[00:35:52] I just, you think about the cash register.

[00:35:54] Right.

[00:35:55] And it's like, if you, if it has to be earnings to the employee, the employer, it has to incur more costs for that.

[00:36:06] It's if you can avoid it being a earning to the employee, then the employer actually saves money.

[00:36:15] I do.

[00:36:16] Of course, cash is king.

[00:36:17] I'll take cash, but I would take days off half days.

[00:36:22] Shoot.

[00:36:23] Work from home.

[00:36:25] Because our business, our world, we should all have the ability to work from home.

[00:36:30] I'm not.

[00:36:30] It was an interesting question.

[00:36:31] What pay rollers out there?

[00:36:34] What scenario would they actually have to be on site?

[00:36:37] That's it.

[00:36:38] I'm curious.

[00:36:39] But if you work in an industry where you can actually work from home, you know what?

[00:36:44] Hey, let our, let your employees work from home those weeks, especially parents.

[00:36:48] The kids are off the week of Thanksgiving.

[00:36:50] Kids are off the week of Christmas.

[00:36:52] It's a big help for them to, you know, have that time home.

[00:36:56] I'll work, but hey, let me work from home.

[00:36:58] Yep.

[00:36:58] So I like that the half days or days, early days, early release.

[00:37:03] I wasn't gonna say look, and I'm not a, I'm not opposed to a good party either.

[00:37:07] I'm doing a holiday party, good meals, some free drinks, something like that.

[00:37:12] I'm not opposed to that at all.

[00:37:13] No company sponsored or like.

[00:37:15] Company sponsored.

[00:37:16] Potluck.

[00:37:16] Okay.

[00:37:17] No.

[00:37:18] Oh God.

[00:37:18] No.

[00:37:19] Thanks for saying that.

[00:37:20] No potluck people.

[00:37:23] No potlucks.

[00:37:24] I'm not doing potlucks.

[00:37:26] That could be an episode in itself there, sir.

[00:37:28] Yes, you're right.

[00:37:30] And we look next safe talk to potluck or not.

[00:37:35] Yep.

[00:37:36] Because we in the holiday season for two months, so we can cover it.

[00:37:39] Let's go.

[00:37:40] Yeah, let's do it.

[00:37:40] Oh man.

[00:37:41] That was fun, man.

[00:37:42] Thanks for the episode, partner.

[00:37:45] Yes, sir.

[00:37:46] Likewise.

[00:37:47] Yeah, man.

[00:37:47] To the rest of y'all have a great safe holiday season.

[00:37:51] We're gonna see you next week.

[00:37:52] Just getting everybody ready.

[00:37:54] Gear up.

[00:37:54] It's time folks.

[00:37:55] It is the time of this recording.

[00:37:57] It is November 4th.

[00:37:58] We are the holiday season is upon us.

[00:38:01] Get your life together.

[00:38:03] Start planning.

[00:38:04] And if you, hey, if you plan to be broke, then.

[00:38:06] Hey, that's the plan.

[00:38:07] Make sure you can, you avoid parties and make a lot of fun.

[00:38:10] Make a plan.

[00:38:11] How you wanna avoid.

[00:38:13] As long as you're happy.

[00:38:14] That's all I know.

[00:38:14] Oh, heck yeah.

[00:38:15] You can be broken and happy.

[00:38:18] And I saw, I saw a post.

[00:38:22] I'm sure everybody has seen this.

[00:38:23] Oh, I did the budget.

[00:38:24] Looks like everybody's getting a hug this year.

[00:38:26] Yeah.

[00:38:28] And the high five.

[00:38:30] And the high up.

[00:38:30] Yeah, but it was true.

[00:38:31] Air five.

[00:38:32] Yep.

[00:38:32] COVID still exists.

[00:38:34] Oh, my God.

[00:38:35] Oh, my.

[00:38:36] Wait.

[00:38:37] What?

[00:38:38] Okay.

[00:38:38] We gotta save it for the potluck.

[00:38:39] Yeah, right.

[00:38:40] Let's save it for the potluck.

[00:38:42] Oh, my God.

[00:38:43] All right, folks.

[00:38:43] We love you.

[00:38:44] Peace.

[00:38:44] Peace.

[00:38:47] Before we sign off, here are a couple quick things.

[00:38:50] Don't forget to follow It's About Payroll on LinkedIn and it's about your paycheck on Facebook

[00:38:55] and TikTok.

[00:38:57] Thank you for being part of our payroll community.

[00:39:00] And thank you for being a part of this journey with us until the next time.

[00:39:04] Keep learning.

[00:39:05] Keep growing.

[00:39:06] And most importantly, keep going.