In The State Of Nevada Is It Ok To Take From An Emploees Check If Their Register Is Short?

We've answered questions before related to employment laws about giving notice and final paychecks. Today's reader annotation offers a bit of a different twist.

I work in Indiana but our visitor has a location in California. We take an employee who worked for us for almost 5 weeks. He accrued paid-time-off (PTO), only would non be eligible for it until he completed a 60-day introductory period.

He is telling us that, due to California police, the visitor owes him the accrued PTO. Since he isn't eligible under the visitor policy, I wondered if it was correct. If he had completed the 60-solar day introductory catamenia, so we would pay it out. Just wanted to ostend whether that was a specific California regulation or non.

To help us with this situation, I reached out to Andrea W.Due south. Paris, an chaser focused on resolving business disputes in California. I met Andrea through the Employment Law Weblog Carnival, which if you don't read, you should.

I'm delighted Andrea agreed to share her noesis with us. Please remember that her comments should not be construed as legal communication or as pertaining to whatever specific factual situations. If you lot have detailed questions, they should be addressed directly with your friendly neighborhood labor chaser.

Andrea, living and working in a different country from the organization's headquarters is pretty mutual these days. Every bit a general rule, what employment laws apply to an employee? Is it where they alive, where they piece of work, or where the corporate offices are located?

[Paris] It could exist any of the higher up or all of the above plus don't forget about federal laws. Every bit a rule of thumb, follow the constabulary in the jurisdiction that is most protective of the employee's rights.

For instance, when it comes to wage and hour issues, California law covers workers while they are working within the state. This means that an employee of a visitor headquartered out of the state that doesn't have an office in California, who is sent to California for a calendar week is covered by California wage and hour laws for that calendar week that s/he is working there.

This notation deals with paid-time-off (PTO.) I know that the rules most paying out sick and vacation time are different in many states. Is PTO treated mostly similar vacation time or like sick time?

[Paris] In the context of paying out at the end of the employment relationship, PTO is treated like vacation in that accrued and unused PTO must exist paid to the employee at the fourth dimension of termination at the employee's hourly rate of pay. How PTO is accrued and used is a thing of contract.

California police force does not require an employer to provide employees with vacation or PTO benefits. Nonetheless, the state (and some cities such as Los Angeles and San Francisco) does require employers to provide paid sick exit to employees who work within the state.

As to the reader's question, s/he mentions that the PTO was 'accrued' merely that the employee was 'non eligible' to receive the PTO. Not having seen the employee handbook or knowing how the PTO hours are accrued, it is possible that the reader is maxim that the policy allows the employee to accumulate PTO hours immediately upon starting piece of work (for example, PTO is accrued at the rate of i hour for every 40 hours worked) just is prohibited from using those hours until after completion of the introductory menstruation. If that is the case, the employee would take accrued v hours of PTO, which is considered wages and is payable at the fourth dimension of termination of the employment relationship, fifty-fifty if at the time the relationship concluded, he wasn't allowed to use the PTO hours.

One of the things we don't know about this situation is how the employee left the organization, meaning was it a voluntary or involuntary termination. Does that thing when information technology comes to paying out PTO?

[Paris] Assuming that the PTO hours were accrued and unused, it does not thing whether the employee was terminated or voluntarily left his employment. Accrued PTO hours are considered wages, thus the only significance related to how the relationship concluded is when the PTO hours must be paid. When it comes to final paychecks in the country of California:

• If the employer terminated the relationship or if the employee left and gave 72 hours of notice, the accrued just unused PTO hours must exist paid at the time of termination.

• If the employee left without notice, the employer has 72 hours to make the final pay check, including the PTO pay out, available to the employee.

Failure to timely pay the PTO hours (and any other wages) will accrued waiting fourth dimension penalties at the employee'due south daily rate of pay until the employee is paid, upwards to thirty days.

The reader besides mentions an introductory period. Can you briefly explain why organizations plant introductory periods? Do all introductory periods work the same or does it depend on how they are set upward?

[Paris] Introductory periods are also a matter of internal policy and it differs from company to visitor. Some companies see introductory periods equally a 'getting to know each other' period to run across whether the employee has the necessary skills and whether the employee and the company are a skillful fit. Usually, benefits (when they are discretionary) such every bit wellness insurance, vacation, or PTO practice not accrue during the introductory menstruation. This allows for an easier uncoupling of the relationship should things not piece of work out early on, say in the get-go 30 – 90 days.

Final question. In that location are a few states, like California and Massachusetts, that have several unique employment laws. If an arrangement has employees in a state with unique employment laws, should they have a divide employee handbook?

[Paris] It is not required but would be the meliorate practice. It provides clarity for employees and 60 minutes professionals. Additionally, a unmarried employee handbook, if not clearly drafted, may inadvertently represent to employees in another state that they are entitled to benefits provided to workers in California or Massachusetts (for instance) when the visitor does not provide those benefits in do. When policies are conspicuously drafted, it decreases the likelihood of misunderstanding or of an employee feeling that s/he is non treated adequately.

My thanks to Andrea for sharing her knowledge with the states. If yous want to learn more, follow her on Twitter at @AndreaParisLaw and cheque out her blog. As you can see, there are no i-size-fits-all solutions when it comes to employment issues. Nosotros have to keep in heed federal, state, and in some cases local laws. While we don't need to memorize all of the laws, nosotros practise need to have partners that can provide u.s.a. with answers.

Paradigm taken by Sharlyn Lauby somewhere in Orlando, FL

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Source: https://www.hrbartender.com/2016/hr-law-legislation/employment-laws-employees-work-live/

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