Understanding Payroll Deductions and Wage Theft: Episode 130
Welcome to Episode 130 of 'It's About Your Paycheck'! In this episode, hosts Brian Escobar and Walter William Duncan II dive deep into payroll topics relevant to both new and seasoned professionals. They discuss the issue of wage theft, the importance of understanding payroll deductions, and the protections in place for employees, particularly in California. They also touch on sports updates and share their thoughts on the current state of women's basketball. Tune in to gain insights on wage regulations, employee rights, and the impact of state-specific rules on your paycheck. Stay informed and ensure you're not missing out on important payroll essentials!
00:00 Introduction and Hosts
00:20 Casual Conversation and Sports Talk
02:55 Wage Theft Discussion
07:22 Deductions and Overpayments
10:10 Sponsorship Shoutout
12:03 California Deductions Overview
15:05 Understanding Uniform Costs and Business Losses
15:37 Inspecting Payroll Records and Written Notices
16:12 Mandatory Deductions and Employee Education
16:47 Contacting Labor Commissioners and Statute of Limitations
17:18 Protection Against Retaliation and Final Thoughts
17:32 Engaging Discussion and Future Show Ideas
18:29 Allowed and Prohibited Deductions in California
20:54 Union Agreements and Tardiness Deductions
22:38 Prohibited Deductions and Employee Rights
27:04 Private Employers and Legal Definitions
27:56 Gig Workers and Payroll Protections
31:07 Concluding Remarks and Community Engagement
Pay News Updates - 10 Min
Walt (5 min)
https://calmatters.org/explainers/when-employers-steal-wages-from-workers/ v
Brian (5 min)
https://www.houstonpublicmedia.org/articles/news/education-news/hisd/2024/10/08/502334/houston-isd-to-make-payroll-deductions-for-thousands-of-teachers-after-overpayment-error/
To learn more, Please contact TimeTrakGO at 888-321-9922 or visit www.timetrakgo.com t-i-m-e-t-r-a-k-g-o.com LET’S GO!!!
https://www.timetrakgo.com/signmeup?utm_source=SMB24&utm_medium=IAP&utm_id=SBM24
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[00:00:00] If the squeaky wheel gets the oil, if the employee does not say something, then nothing happens. And that's what they're saying.
[00:00:06] Welcome to our podcast. It's about payroll. We're your host, Brian Escobar and Walter William Duncan III.
[00:00:14] Whether you're new to the payroll game or a seasoned veteran, we have something for you.
[00:00:21] Welcome back, folks. This is episode 130.
[00:00:26] Woof! And 100, 141. And 41 of It's About Your Paycheck.
[00:00:32] We're still in a place where we're doing two at one. It may and will break up before we get into the rest of the show.
[00:00:39] What's up, Walt? How are you doing today, sir?
[00:00:41] Man, I'm good. Got my blue from Lingo shirt on, so I'm in a tropical state of mind. How about you, man?
[00:00:51] Oh, I love it. Yeah, I love it. I know. I always love the shirt when you wear the shirt. I'll be like, oh, no doubt. He's feeling it today. He's chilling.
[00:00:59] I'm good, man. I'm good. Thank God. It's like I just said, hey, we gotta be efficient. The Yankees are playing. The Giants are playing. I'm freaking out New York sports-wise.
[00:01:09] New York Liberty won the WNBA. Did they? Yeah. Oh, amazing.
[00:01:14] See? Amazing. I'm loving sports right now. I haven't gotten into the WNBA yet.
[00:01:21] Kaitlin Clark definitely. I was already aware of it, so she didn't put WA on the map for me, but I'm like, it definitely. Oh, wow. They still are doing a thing? Don't doubt.
[00:01:32] Definitely good players, man. Yeah, and so now I definitely want to watch more, and she's blowing it up right now currently with the deal that she's going overseas, and I'm not mad at her, man.
[00:01:41] I saw one of the posts about what she's going through in the league, and I was like, go get your money, girl. What do you think about that?
[00:01:48] You're a basketball fan. I think you're more of a basketball fan than I. What do you think about the whole Kaitlin Clark situation?
[00:01:54] I think she's a great player. I think a lot of players felt some kind of way because she was coming in, and they were announcing her the next great one in the game and stuff like that, and she was bringing lots of ratings, lots of viewership, and stuff like that.
[00:02:10] And so I think it was good for the game. It brought more money. I think the WNBA could bring in even more money for their growth.
[00:02:17] Compared to their male counterparts, they're grossly underpaid, and they've been playing some good games, man.
[00:02:22] The finals for the WNBA was great.
[00:02:28] We got to do sports pay.
[00:02:30] Yeah.
[00:02:31] Sports pay, because this is another great example of – not a great example, unfortunately, but another example of how women are underpaid.
[00:02:39] You know what I mean? Yeah, I get popularity, but come on.
[00:02:43] I'm glad it's still going and it's still growing, so that's cool.
[00:02:47] So, yeah.
[00:02:48] Yeah, man. Angel Reese, her, and all those different players.
[00:02:51] Yeah. No, I hate you. See, that's cool.
[00:02:54] Yeah, man.
[00:02:55] All right, bro. You want to start us off? We got pay news coming up.
[00:02:59] Yeah, I do. I have a quick article from CalMatters.org, and it talks about when employers steal wages from workers.
[00:03:09] So, it's an article from 2022, and it just gives some stats and stuff like that about how employers may deny overtime premiums and ask employees to work off the clock and or take their tips.
[00:03:24] There's a stat on here that said back in 2015 that in California, workers nearly lost nearly $2 billion from not being paid minimum wage.
[00:03:34] This is 2015. You know what I'm saying?
[00:03:37] The whole state or –
[00:03:39] The whole state.
[00:03:39] Okay. That I get.
[00:03:41] Yeah, the whole state.
[00:03:42] California?
[00:03:43] Yeah, in California.
[00:03:44] Because California has the most W-2 employees, so that makes sense.
[00:03:48] Yep.
[00:03:49] Wow.
[00:03:49] They said that most of the victims of wage theft were often women, immigrants, and people of color.
[00:03:56] You see what I'm saying? We're just talking about –
[00:03:59] Many in restaurants, construction, hotels, car washes.
[00:04:04] Blue collar.
[00:04:05] Garment businesses, farms, warehouses, and nail salons.
[00:04:08] Yep.
[00:04:09] Frontline labor – like frontline workers.
[00:04:12] Yep.
[00:04:13] Blue collar.
[00:04:13] Yep.
[00:04:14] And one – there was a one letter on here that I found interesting, and it teed me off a little bit.
[00:04:18] It said that usually no one goes to jail for the theft, for stealing from the wages from the employee.
[00:04:26] The OT stealing.
[00:04:27] Right.
[00:04:28] Yeah.
[00:04:30] Who was I just saying this to?
[00:04:32] I was telling somebody recently, we build these things because they're like insurance, right?
[00:04:36] Some of the things are if nobody – if the squeaky wheel gets the oil, if the employee does not say something,
[00:04:44] then nothing happens.
[00:04:45] And that's what they're saying.
[00:04:47] And look, for me, if the shoe was on the other foot and the employee was the one that was stealing from the employer.
[00:04:55] Oh.
[00:04:56] You're going to charge them.
[00:04:58] Yeah.
[00:04:59] You're going to arrest them.
[00:04:59] You're going to jail.
[00:04:59] You're going to jail.
[00:04:59] You're going to jail.
[00:05:00] You're going to jail.
[00:05:00] You're going to jail.
[00:05:00] So I just find that interesting dynamic that the employer can steal from the employee.
[00:05:09] but it's it oh my gosh and it should get us angry it should get everybody out there that gets a check
[00:05:15] angry even if thank god if your company doesn't do it to you but think about it employee right we
[00:05:19] it i'm not so much oh it has to be a union situation but everybody that is an employee
[00:05:25] a w2 employee has something in common as far as employee rights and that these things should be
[00:05:31] like hey let's all make sure that we because oh my gosh imagine if all employees were speaking up
[00:05:39] about things like this see and that's why california is aggressive it justifies their aggressiveness
[00:05:45] their employee is how would we say employee friendly centric yeah employee centric yeah
[00:05:51] and then before i pass you the baton i just want to read off some some of the things that they consider
[00:05:57] wage death right so you pay less than minimum wage yep you pay less than what was agreed to
[00:06:05] including commissions peace rates and all regular wages yep they take your tips they don't pay you
[00:06:12] overtime they don't pay you for split shifts they don't pay any promise vacations or bonuses
[00:06:19] they don't pay final wages in a timely manner oh that's a state regulation you already know
[00:06:25] deny meal breaks rest breaks prevent you from having those cool down breaks for those that are eligible
[00:06:31] for those they don't allow you to accrue or use sick leave they take unauthorized deductions from your
[00:06:39] check that they bounce paychecks wow and they don't reimburse for work expenses i feel like we got
[00:06:51] to do a whole nother episode on wage death because i have so many things to say i know about those things
[00:06:57] right wow bro for rate hold on i'm gonna write it down we're gonna do wage death okay wage death thank
[00:07:04] you for sharing all that stuff these are all the things that you have to be this is why we do the
[00:07:09] show this is everything walt just ran through is this why we want not only the employees to know of
[00:07:14] course but also the payroll people so you can understand the flip side people are getting
[00:07:20] robbed wow man thank you bro yes sir all right mine is a and we're ready to move right that's good
[00:07:30] okay cool mine is again we always in the same vein this one at this time i was intentional i was like
[00:07:35] all right what are we doing let me look right and i found and i did deductions but what i found was
[00:07:42] overpayments and the relationship to deductions because that is often the situation and a group
[00:07:49] of workers in houston started experiencing these deductions that were like hefty like up to 300
[00:07:56] each in the paycheck and they were like whoa where's this coming from come to find out that they had they
[00:08:04] were overpaid and these deductions were started without it seems like in the article without
[00:08:11] acknowledgement without and they started taking the money out of their check and it was like whoa wait
[00:08:16] now i believe it because texas doesn't we don't pay income tax in texas so they don't have a governing
[00:08:24] body that makes it employee centric they're not protecting not they're not protecting but they don't
[00:08:29] have that extra layer of advocacy for the employees so i could see this happening where company was just
[00:08:38] no communication they overpaid they realized the overpay and they were like oh i'm taking it back
[00:08:44] other states this is what we're calling out folks with these deduction type things state by state as we
[00:08:50] go along other states regulate that and say hey you can take it back but you need to give them
[00:08:58] communication notification notification other states you say you you can take it back but you need their
[00:09:04] written consent and approval before you take it back in some states there's even like a timeline or a time
[00:09:11] oh yes i remember that you have oh my god to take those deductions right yes so and we talked about on
[00:09:19] talked about this on that on this show the timeline i remember you covering that bro that was amazing
[00:09:25] so all these different factors play in right and that's the that's those are the things those are
[00:09:32] the gems that's the free game that you we want to share to we want you to make and guess what it's
[00:09:37] already there right we're just trying to make it apparent it's already on your state websites we're
[00:09:42] getting the information from good resources we do this for a living we have to be sure about our
[00:09:48] resources so please believe like these things are the these are the little gems that we want people to
[00:09:52] know deductions are a state-by-state thing some states are more protective than others
[00:09:58] no no where you stand i'm not saying don't live there it is what it is home is home but no way you
[00:10:04] stand know how it is so yeah that was my stuff man you're right we killed it we killing it all right
[00:10:12] let's pay the bills man let's pay some bills all right shout out to time track go
[00:10:19] they keep doing their thing it's a great system there's a free freestyle a little bit they have
[00:10:23] a great system all right check them out they have introduced an innovative new feature designed to
[00:10:29] simplify time tracking for both exempt and non-exempt meaning hourly and salaried employees okay this
[00:10:36] feature aligns with the recent changes in in the flsa regarding the new salaried employee rules
[00:10:44] yeah so by automatically calculating those standard 40-hour work weeks and accurately key point
[00:10:51] accurately determining overtime when necessary time track go ensures precise employee time while also
[00:10:58] maintaining those accurate pto balances which we all know is important make sure your pto is accurate
[00:11:04] and correct my money's right yep additionally the system can identify those instances where
[00:11:10] non-exempt employees may have reached may not have reached correction the 40-hour threshold
[00:11:16] so to learn more please contact contract go at 888-321-9922 or you can go visit
[00:11:26] www.tontractgo.com that's t-i-m-e-t-r-a-k-go.com let's go let's go we got to tell them to make a dance
[00:11:39] because they can make a dance to it they could you know what i'm saying yeah they got a little
[00:11:45] creepy clock icon like oh my oh from uh oh from loki oh yes and then incorporate the wooden clock
[00:11:53] thing yeah check out the episode with time track go we literally talk about a wooden time clock folks
[00:12:00] okay it's amazing i like i love it man i love it all right let's get into it because i have not said
[00:12:06] today we are talking about deductions in cali we did talk about deductions but we didn't specify
[00:12:12] we're talking about deductions in cali and what's good to know so walt's going to start us off
[00:12:18] and i'll finish it up how we doing on time all right we doing good yeah so i just have a couple
[00:12:24] of key things to talk about for employees and employers you can jump in there anytime and add
[00:12:29] any thoughts that you want brian um so for the employers or the payroll or hr professionals
[00:12:35] you want to make sure that you're withholding any mandatory uh deductions that might be like income tax
[00:12:42] state income tax social security medicare fico that stuff state disability insurance sdi any local
[00:12:50] jurisdiction requirements you want to make sure you're adhering to those any voluntary deductions
[00:12:56] that the employee may have authorized and elected you want to make sure that you're processing those
[00:13:02] accordingly wage garnersments everything and you want to make sure that you're compliant you want
[00:13:08] to make sure that you are providing itemized wage statements and you also want to make sure that as
[00:13:14] an employer or a payroll professional or hr professional that you're not deducting um for
[00:13:20] business losses or breakage right you can't not do that you can deduct from a
[00:13:25] they try to take that from people's checks yeah some people might yeah yeah and it's illegal they
[00:13:32] don't they can't do that yeah that's what it says in california oh that's what see what i'm saying
[00:13:38] thanks bro good yeah game yeah employees keep that in mind yeah so written authorization is required for
[00:13:45] most voluntary deductions so you want to know that as the employer and the employee and as the
[00:13:51] employer or professional you want to maintain accurate records for at least four years
[00:13:57] so if there's an audit and somebody says hey i want to see the authorization or the written
[00:14:02] authorization from this employee years ago you better have it in your records as we said comply or fry
[00:14:08] comply or fry yep so time restrictions on final paycheck deductions and final pays you want to make sure
[00:14:16] you're adhering to those as well so for the employee you want to make sure that you know your rights
[00:14:21] you're what you're protected against you're protected against illegal deductions so the
[00:14:26] employers cannot deduct for their cash shortages like we mentioned right unless proven deliberate so if
[00:14:33] if the employee is responsible for a cash shortage you know so say hey you were doing your register and
[00:14:38] like 10 bucks are gone from what we should have taken in then they're saying like if if it was
[00:14:46] deliberate by the employee then they can deduct it so i guess if the employee they got to prove that
[00:14:51] though yeah okay so i said yeah proven i said proven deliberate because you can't be like your tiller
[00:14:57] short give me ten dollars
[00:15:02] so you can't you cannot be deducted for a broken or lost equipment um there are some exceptions with this
[00:15:08] but uniform costs you want to do your research on that there are some uniform costs all this stuff
[00:15:13] please um business losses as i said earlier that you want to know that some required documentation
[00:15:19] is needed you want to make sure that you receive the itemized pay statement of what's going on you
[00:15:25] don't want to just get a pay statement that doesn't have anything says hey this is just your net pay
[00:15:29] you worked 80 hours and this is your gross pay and this is your net pay they're saying like
[00:15:34] where are the taxes where are the deductions what am i paying into you know what i'm saying
[00:15:38] you want to make sure that you inspect your your own payroll records you want to make sure that you
[00:15:43] have written notice for any change in your deductions your pair your payroll pro or your
[00:15:48] hr pro cannot just go and change your record without your uh consent but you want to make sure that
[00:15:54] what's up in cali you can't say what it says written notice is required for changes in deductions
[00:16:02] for changes and deduct oh okay that's fair yeah yeah okay so now i got scared i'm like wait a minute i
[00:16:08] i gotta make updates i gotta make updates here and there can't get written for everything so you
[00:16:15] want to make sure that you're understanding what's mandatory right so it's good for you as
[00:16:18] the employee to educate yourself on what's mandatory that's again like i mentioned those taxes uh the
[00:16:25] local taxes that you're responsible for social security and medicare if you're uh required that
[00:16:31] because you may be on a visa or some type of student that may not that may be exempt from paying fica
[00:16:36] so you want to know about that as well um you want to know about pre-tax and post-tax deductions
[00:16:43] and you want to know what you can do who you can contact right so if you file a complaint you're
[00:16:49] gonna yeah you should contact your labor your local labor commissioner's office and um but and also know
[00:16:56] in the state of california there is a three-year statute of limitations on filing the complaint so do it in
[00:17:04] real time don't wait four years oh man like 10 years later you know what i'm gonna sue these guys
[00:17:14] look and look that that's why it's important as the employee to if you're listening to this to educate
[00:17:18] yourself and know what's going on and then lastly you want to know that you're protected against
[00:17:23] retaliation if you do file a complaint yeah for sure yeah that's a tough one right there
[00:17:32] yeah that's it that's all i got i feel like when and thank you for that that was awesome like i i had
[00:17:40] five other show ideas just off of the things that you were saying all right that's cool that's awesome
[00:17:46] bro so you're my your wheels are spinning i want to talk about this i want to talk about that yes so
[00:17:51] i'm but i'm writing it down so we're good yeah we're good folks yeah i'm not paying attention oh that
[00:17:55] little idea that i just had i was like oh how cool would it be if like i could type and overlay on our
[00:18:01] stuff in real time yeah that'd be cool because i can show the show folks that watch on youtube the
[00:18:07] thoughts that it's spurring payroll wise and paycheck wise for employees right that would be dope yeah
[00:18:13] anywho it'll come it'll come we're almost there mine is a lot some of the same stuff reframe though
[00:18:21] toward the employee this is i'm talking to the employees now and i want to tell you about what's
[00:18:27] allowed right let's just make it really easy sum it up what is allowed in the deductions and what's
[00:18:33] prohibited in the deductions in the state of california okay and one of the things that i liked
[00:18:39] about the research and i love about all of our research really just again makes us better so i have
[00:18:45] such a cheat code what are what we do i i wanted to know what it meant like hey who's covered in this who
[00:18:51] has to abide by the rules right because if you're an employee this only applies to you if you work for
[00:18:58] a private company a private employer okay and we're going to get to whatever private employer meant
[00:19:04] at the end of this because i was like what's a private employer it's a curiosity things it's the
[00:19:09] that's how you need to be not only as an employee but as a as a or how can i say someone about their
[00:19:14] paycheck be curious about everything on there it's your money so anywho employers can make
[00:19:22] can only make the specific types of deductions from employee wages such as legal deductions
[00:19:27] so anything required by state or federal law taxes state taxes if you live in that state that type of
[00:19:33] thing okay employee approved deductions if you signed off in writing on these deductions
[00:19:41] it can be taken from your pay because you are proving it like it could be careful what you're
[00:19:48] signing to because you could be signing off on stupid ish and you're like wait what whoa you see
[00:19:54] it come out of your checking you're like whoa wait a minute so be careful especially if you're getting
[00:19:59] a job read the oh my gosh read the handbook employee approved deductions if you wish to sign off in writing
[00:20:05] okay and then also these things can include insurance premiums and hospital dues what i want to say about
[00:20:12] insurance premiums benefits and things this is why folks and i just connected the dot this is why we do
[00:20:19] open enrollment for companies you're signing to this you are signing to i want to take benefits out of my
[00:20:28] thing i want to take this stuff out of my check okay so it's and there's a lot of regulations around that
[00:20:34] we could do a whole nother show on that type of thing in deductions and benefits and maybe we should
[00:20:39] probably like in january when open enrollment is done and when people start feeling their check
[00:20:44] like wait a minute i did oh my gosh i picked medical dental vision i picked everything i was happy that
[00:20:50] day and i was so ambitious like and now it hits your check and you're like oh i want it all anywho
[00:20:55] you're signing to it okay union agreements if you're in a union they're dues that was one of the
[00:21:01] articles that i came across in prepping for the show was a you i picked it was like oh wait do i want
[00:21:06] this union one or do i want this houston one i want the houston one better but it was a union thing and
[00:21:11] they were fighting about the dues and then was it good or not was it legit or not but when you get
[00:21:16] into a union you're signing to this so these are the things that you have hey wait union dues is it
[00:21:22] coming out of my check or is it covered 100 you know what i mean you want to understand
[00:21:26] because that impacts your money tardiness if you're late by less than 30 minutes employers can
[00:21:32] duck can deduct up to a half hour of wages whoa for longer days they can deduct based on the exact
[00:21:39] time lost so i inherently knew this but i didn't it they calling it out separate and it makes it more
[00:21:45] yeah that's true so think about that it's if you're late by less than 30 minutes employers can deduct
[00:21:53] up to the full 30 minutes you're late 20 but i'm deducting 30 now i would warn warn against check that
[00:22:01] in your state i'm sure that is a state by state variance so look in look that up unreturned uniforms
[00:22:09] and equipment if you don't return company prop property and company provided items and you agree
[00:22:16] to it in writing when you signed on in the beginning when you got the job employers can deduct the
[00:22:22] cost of those things from your pay right it all comes back to that employee handbook we gotta we
[00:22:27] gotta re keep reiterating how important it is to understand what you're signing when you're getting
[00:22:31] the job all these things can impact your pay so these are allowed deductions right okay here's the
[00:22:40] ones that you're protected against in california hey this is prohibited job-related exams course for
[00:22:47] pre-employment pre-employment physicals or medical exams cannot be deducted credit card tip fees the
[00:22:54] deduction to process the credit card that cannot be deducted that's awesome to know because i'm sure
[00:22:59] they get petty wop out there with that cash or equipment losses like you were talking about the spillage
[00:23:05] right deductions for lost cash or broken equipment are prohibited unless it's proven you acted in
[00:23:12] dishonesty or with severe carelessness okay fair well right yeah commission overpayments if you receive
[00:23:21] excess commission in advance employers can't deduct unless you agree to repay it look at that what so i
[00:23:29] want to go back to what to line number three about the last sentence in there it says unless it's proven
[00:23:38] you acted dishonestly yep or with severe carelessness what is severe carelessness and what is dishonest so
[00:23:47] what i thought about right away was like they had you on camera grabbing a meat slicer and being like
[00:23:53] boom boom maybe even they got you on audio f this job you know what i mean that is severe carelessness
[00:24:00] and dishonesty so so what if you have a meat slicer and you're picking it up to clean and you look away
[00:24:05] and you're laughing at what your co-workers and then you drop it or something again i'm hoping things
[00:24:11] are on camera right okay that'll be hard to i'ma if we're assuming it's on camera i would hope that the
[00:24:17] employer maybe there's an in between maybe it's hey you were a little careless look if they're allowed
[00:24:24] but this is prohibited they can't take it without your approval your agreement anyway in california yeah
[00:24:30] so these are it's a great but that's a great call out because those are the things you want to
[00:24:34] understand state by state what i thought you were going to say was on on the next item four how it
[00:24:40] calls out only commission overpay so that's interesting what do you mean wait regular over
[00:24:45] payments what then again these are the little things that you got to be aware of in the states you live
[00:24:51] in and then the last one is prohibited again these are prohibited relocation costs employers can't deduct
[00:24:57] costs for moving you to the u.s so if they choose and they offer you that hey it's covered
[00:25:04] they can't now turn around and deduct it from you see how i did you that favor right
[00:25:11] now it's time for some get back
[00:25:17] but see exactly right this is a great reason to know what state what's going on in your state
[00:25:23] you know what i mean how do these things apply and man folks we just hope there's so many times i was
[00:25:29] just talking to a neighbor and he was like squeaky wheel gets the oil and i was like yes absolutely right the
[00:25:34] squeaky wheel gets the oil and i think i had to explain that to somebody recently but what does
[00:25:38] that mean and i'm like squeaky wheel gets the oil right we get it we already know
[00:25:44] people you know you speak up enough you're gonna get something addressed so yeah you know you and wall
[00:25:50] says all the time we might be the one person that had the courage to set off that snowball effect and
[00:25:57] that tidal wave effect where you change the whole thing like you just literally change the whole game
[00:26:03] for everybody else yeah because you one person was courageous enough to be like hey this is wrong in
[00:26:08] my check folks you know what i mean if we right right hey we gave you that little nugget to be like
[00:26:14] what that just happened to me let me go look up what they're talking about oh and you find out oh
[00:26:20] snap this is not right yeah this is you guys are doing me wrong where's my money or and then at the
[00:26:28] the other day you're doing me wrong and then you're doing me wrong and then you're doing me wrong and
[00:26:30] that right yeah there are exceptions to everything so keep that in mind and there are penalties if
[00:26:40] folks really quick before we get out of here there are penalties in california violating certain rules
[00:26:46] like deducting the cost of pre-employment exams is a misdemeanor offense in california
[00:26:51] this guide can help employees in california stay informed about what can and can't be deducted from
[00:26:59] their paycheck this is what we're trying to do we're trying to guide folks so hopefully you get a
[00:27:04] little gem let's see oh so in california i promise to define it real quick in california private employers
[00:27:11] because this all applies only to private employers refer to businesses or organizations that are
[00:27:17] privately owned as opposed to public employers which are government entities or agencies so
[00:27:25] private employers include companies corporations partnerships non-for-profits and other privately
[00:27:32] held businesses operating for profit or non-for-profit so if it's not government it's a private business pretty
[00:27:41] much right yeah um so yeah that's if you basically you work for a private business if you don't work
[00:27:47] for the government these rules apply yep and that is it folks how do we do on time now we got the safe
[00:27:54] talk question name not the safe talk should get workers gig workers gig workers receive the same payroll
[00:28:04] deduction protections and benefits as traditional employees and how would this impact california's
[00:28:10] economy and workforce innovation but they don't know because it could because gig workers are
[00:28:16] considered independent is that what you're saying gig workers yeah i don't think yeah no and see the good
[00:28:21] thing in cali they are again very employee centric so you can't really if you're a gig worker you really
[00:28:29] are a gig worker yep you're a contractor you're a private contractor i think gig worker downplays the
[00:28:37] uh i don't know what the sophistication of you have to be a a little bit more savvy you got to do a
[00:28:43] little bit more on your running you you're 1099 you're like operating a business yeah right and look there
[00:28:50] are still some protections that they have they may not have any protections especially in cali
[00:28:54] yeah as the employees you generally cannot deduct from an independent contractor's payment
[00:29:00] for damages unless there is a clear um contractual agreement allowing for that okay so say that you
[00:29:09] have a contractor doing something or building something they break something by mistake but if
[00:29:14] it's not written out like hey you have to pay us back or we'll deduct from your payment for any damages
[00:29:18] right you can't really deduct from them and now is that everywhere or just in cali
[00:29:23] this is for california okay yeah i believe it yeah that look i love it man i really respect
[00:29:30] cali for that protection for their employee centricity yep word of the day centricity
[00:29:38] yeah look and i think this is a state-by-state thing but just again general opinion is they should
[00:29:44] have some protections but you are i feel like in the 1099 world you are your own business you're
[00:29:50] taking a risk you got to protect yourself i think that's what they say hey they're saying hey
[00:29:56] you're 1099 and you don't pay your taxes up front because you are taking a risk that you need to
[00:30:02] protect yourself from we'll settle up at the end of the year yep so i think you got to take the good
[00:30:08] with the bad that's why it's a risky thing but some some moderate protections should be in place for
[00:30:14] the workforce period and contractors are absolutely workforce businesses are part of the workforce
[00:30:19] this is why some states are tax-friendly for businesses to come and man i love it bro i gotta
[00:30:24] start taking notes down of the show ideas as we kind of go along because there's so many things and
[00:30:29] not get distracted so that's that helps keep us in that 30 minute that we don't i don't put a whole
[00:30:34] segment in the show for no reason whoa wait a minute he's just hoping on a whole tangent
[00:30:39] we both do it we can no doubt not anymore we're only four minutes over well not really because we
[00:30:46] we started recording for a little bit we were still chit-chatting before oh it is so we're not even
[00:30:51] oh come on now we are efficient folks we're delivering the product we're machine we're machine we're ai
[00:31:00] yes oh my gosh all right man i'm gonna go get these games enjoy yes you too man folks thank you we
[00:31:10] love you until the next time all right go vote peace yeah go vote hope you voted before we sign off
[00:31:19] here are a couple quick things don't forget to follow it's about payroll on linkedin and it's about
[00:31:24] your paycheck on facebook and tick tock thank you for being part of our payroll community and thank you
[00:31:31] for being a part of this journey with us until the next time keep learning keep growing and most importantly
[00:31:37] keep going
[00:31:38] you


