Asian Journal- The Filipino-American Community Newspaper

CALIFORNIA and most other states have very employee-conscious wage and hour laws. These laws require that every worker (with few exceptions) regardless of residency status, receive minimum wage and time and one-half for over time. If the employer has not paid the worker minimum wage, they are liable for the amount due plus interest and penalties and attorney’s fees.

Caregivers, restaurant workers, and baby sitters are entitled to be paid for every hour they work. Even if the employee is not legally in the United States, the employer must pay the minimum wage of $8.00 per hour for all the time worked by the employee. If the employer doesn’t pay for all the hours worked, then it is guilty of unfair business practices in addition to violating the wage laws.

Caregivers, restaurant workers, and baby sitters also have the right to be paid a premium of one and one-half times their hourly rate for working more than eight hours in a day. Some workers think that if they are only scheduled to work three days at ten hours each day, they haven’t earned the overtime premium because it was less than forty hours in a week. This is incorrect. In California, the overtime premium must be paid on all hours after eight in a day.

Another practice of employers is to provide housing to the workers. California law allows employers to take credit against wages for housing, but the amount of credit allowed is relatively small. Also, the worker must have decent housing and it cannot be a shared room, unless it is with a spouse. When workers are housed together in crowded conditions, it is a violation of many different laws in California. Most importantly, employers cannot take an "offset" for this housing unless there is a written agreement. The same holds true for meals.

Other illegal practices of individuals who hire caregivers, restaurant workers, and baby sitters include payment of wages in cash without pay stubs or deductions, failure to pay taxes and Social Security, and treating employees as independent contractors.

All California workers have the right:

• To receive a minimum wage of $8.00 per hour;
• To earn overtime pay -- with some exceptions -- after working more than eight hours per day or more than 40 hours in one week;
• To file wage claims with the state labor commissioner or civil lawsuits if they believe their employer has violated state wage laws;
• To file workplace safety and health complaints with Cal/OSHA, the state workplace safety and health program;
• To work in an environment free from retaliation for exercising their rights.

It is very important to understand that the California Department of Industrial Relations - which enforces the state of labor and workplace safety and health laws - will not question workers about their immigrant status.