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Rights do I have if employer says he will not pay me for a day of work? California

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  • Rights do I have if employer says he will not pay me for a day of work? California

    Hi I am a piece worker, i get payed an hourly and for the work I produce. They pay us the hourly rate but a extremely low piece rate, or a decent piece rate but low hour. We normally work over 10 hr shift but most of the time I only charge a fraction of my hours, to increase my piece average. They rate the job by point that are averaged by at the end of the week. Most of use keep our paper work for the week to average out for the best points. "Yesterday they told us if we didn't turn in our paper work daily or the following day they would not pay us for that day of work". My question is do they have the right to keep my hard earned money that easily?

  • #2
    Very soft and UNresearched answer

    : They cannot fail to pay you for work performed but they can fire you for failure to turn in paperwork as directed.

    They might get be able to not count your pieces for days not turned in and just pay the hourly IF that is at least the prevailing local CA minimum

    Note CA has its own rules as to OT which are daily not weekly ..and if working 10 hour shifts be sure the math is correct.

    You didn't say if this is farm work ....those rules often differ ..and I don't know how they work.


    • #3
      On this one I'm with Raster.

      The easiest solution is simply to turn in the paperwork on time and as directed. They may not fail to pay you for work you've actually done, and if you don't get paid, you have legal recourse. However, it is legal for them to fire you if you don't turn in your paperwork when they want it, and if you get fired for failure to turn in your paperwork, the only legal recourse you have is to file for unemployment.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        You are also playing with fire by manipulating your hours and piece rate to get more money than you are entitled to earn. In fact, I am willing to bet that this is reason they are requiring you to turn in hours and pieces daily. It is totally legal to threaten to not pay you, but actually doing it could be a problem.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.