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劳工法第203条规定，最终工资每迟延一天，员工工资即作为罚款继续计算，最高30天：12天 × 240美元 = 2,880美元。按一天工资计算是把罚款当作一次性定额，而非按日计算。7,200美元是在只迟延12天的情况下直接套用30天上限。2,640美元只算了十一天，漏掉了迟延的第一天。

Labor Code §201.3(b)(1)要求临时服务雇主每周向其派遣员工发薪，上一历周的工资须在指定的常规发薪日支付，无论任务长短。(d)是适用于其他所有人的一般规则——§204的每月两次发薪日——它之所以诱人，恰恰因为它是薪资服务商默认套用的做法。(b)则更慢。(a)把工资拖到任务结束才付，长工程可能意味着数月，而§201.3的立法目的正是要终止这种做法。按日和当日派遣在§201.3(b)(4)和(b)(5)中另有更快的规则。

工资令第16号§10只允许在IWC规定的具体上限内将住宿计入最低工资，且必须有员工签署的自愿书面协议。不得按完整市场租金从工资中扣抵；加州并未完全禁止住宿抵扣；该工资令也没有把抵扣限于恰好位于工地上的住处。

劳工法第246(d)条规定，已累积的带薪病假须结转至下一个雇用年度。雇主可以设上限的是“使用”——同一款允许每年限用40小时或五天；而第246(j)条允许累积总量停在80小时或10天。两个上限都不会让病假消失：超出年度使用上限的小时数仍保留在账上，累积上限只是暂停继续累积，因此1月1日把余额清零并无法律依据。病假也不同于年假：法律并不要求在年底兑现余额，离职时也不要求支付。

§226要求工资单显示总工资、总工时、扣除项、净工资、受薪期间日期、员工姓名以及社会安全号码后四位（或员工ID）、雇主名称和地址，以及适用工资率。完整的社会安全号码不得列示。

Labor Code §2775（将Dynamex案和AB-5法典化）推定为员工身份，除非招聘实体证明全部三项ABC标准：(A)免受控制，(B)工作不属于招聘实体的一贯业务范围，(C)在同一行业中独立确立。书面"独立承包商协议"不是ABC标准之一——标签明确被忽略；实质起决定作用。§2781的施工分包商例外仍要求分包商持照并满足额外标准；缺少这些，即使是书面协议也不能确立独立承包商身份。

Labor Code §2781只有在下列条件下，才将真实的建筑分包关系交由Borello测试而非ABC测试审查：分包商持有CSLB执照；协议为书面且载明付款与工作范围；分包商持有所需营业执照或税务登记；维持自有经营场所；有权自行招聘解雇并与他人签约；惯常从事同类独立业务；并通过保险、赔偿约定、履约保证金或保证承担错误的财务责任。(a)、(b)、(c)都是听起来合理的"business正当性"替代指标，但本条中根本没有：既无不动产所有权要求，也无最短经营年限，更无员工人数门槛——一人持照分包商可以合格，而十人无照班组不能。若该工作本不需要执照，则适用另一条§2776的企业对企业豁免。

工资令16号§10(A)与Labor Code §512(a)规定：工作时段超过5小时，须给予不少于30分钟的无薪、完全离岗用餐时间；超过10小时，须再给第二次30分钟用餐时间。仅当当日总工时不超过6小时，第一次可经双方同意放弃；仅当未放弃第一次且班次不超过12小时，第二次才可放弃。(d)和(a)是把休息时段的数字套在用餐时段上——每4小时10分钟才是休息规则，加州法律中并无20分钟或15分钟之说。(c)是带薪一小时，某些工会集体合同确有此约定，但合规的用餐时间之所以无薪，正是因为员工已完全解除职务。

Labor Code §226.8(b)规定，每一次故意错误分类的民事罚款为5,000至15,000美元；若劳工专员或法院认定存在"模式或惯例"，§226.8(c)将其提高到每次违规10,000至25,000美元。§226.8(d)(1)另加一项独特救济：违规者须在其公开网站显著位置张贴违规通知——若无网站，则张贴于全体员工和公众均可进入的工作场所区域——为期一年。(a)和(d)把罚款低估了一到两个数量级。(c)把补发工资当作全部风险，忽略了罚款是在工资之外另行加计的。CSLB持照人还须依B&P §7110.1面临纪律处分。

Labor Code §226.2(a)(1)要求：计件雇员的休息与恢复时段，以及"其他非生产时间"（处于雇主控制之下、计件工资本身并未支付的时间，例如装卸材料、参加安全会议），必须与计件收入分开、并在其之外另行支付。依§226.2(a)(3)，休息与恢复时间按适用最低工资或该周平均时薪中的较高者支付；依§226.2(a)(4)，其他非生产时间按不低于最低工资支付。(b)正是本条要终结的"平均法"观念。(c)虚构了一个按最低工资一半计算的旅行费率，加州任何条文都不允许。(d)把双倍支付套到用餐时段上，而合规的用餐时段本是无薪的。

Labor Code §226.7(c)规定：凡发生用餐时段违规的工作日，须按员工的"正常补偿费率"额外支付一小时工资；凡发生休息或恢复时段违规的工作日，再另外支付一小时。因此每天最多两个溢价小时——每类一个，无论具体错过了多少次休息。(d)得出同样的数字但路径错误，它会在仅有用餐违规时也支付两小时。(a)把迟到或事后补上的休息当作补救，但那并非补救，即便员工最终吃了饭，溢价工资仍然要付。(b)虚构了一个适用于整个班次的倍率。Ferra案判定"正常补偿费率"包含非任意性奖金等收入，而不仅是基本时薪。

工资令16号§11(A)要求：每工作4小时或其主要部分，须给予净10分钟的带薪、免除职务的休息时段，并在可行范围内安排在每个工作时段的中间；Brinker案将"主要部分"解释为进入新的4小时段超过2小时。(c)在长班次下对休息次数的估计大致接近，但其余两点全错：休息时段是带薪的、计入工时的，且不由雇主随意决定。(b)把唯一一次休息推到班次末尾，违背了居中安排的规则。(d)是"野外作业可豁免"的误解；工资令16号正是为覆盖此类作业而设，剥夺休息时段须依§226.7支付一小时溢价。工资令16号§3只允许通过符合条件的集体谈判协议作出替代安排。

Labor Code §2750.5规定：凡属需要承包商执照的工作，持有该执照是取得独立承包人身份的前提。因此未持照的工人在工人赔偿、工资工时和工资税方面，一律被推定为雇用实体的雇员，无论双方签了什么协议。(a)是执照混淆错误：市政营业税证照只是市级税收文件，完全不满足§2750.5，只有CSLB分类执照才行。(d)是1990年之前的默认规则，§2750.5正是把它颠倒过来。(c)把没有保单误读为不在体系之内；结论恰恰相反——雇用承包商自己的保险公司要承担该工伤，风险落在承包商身上。

California uses daily overtime under Labor Code §510. Hours worked beyond 8 in a single workday must be paid at 1.5 times the regular rate. Here the first 8 hours are straight time and hours 9 and 10 are time-and-a-half. Daily overtime applies regardless of the weekly total, which is why the '40-hour' answer is wrong. Double time does not start until after 12 hours in a day, so 2 hours of daily OT is only 1.5x, not 2x.

Under Labor Code §510, hours worked beyond 12 in a single workday must be paid at double time (2x). Hours 9 through 12 are paid at 1.5x, and any hours after the 12th are paid at 2x. There is no 2.5x tier in California daily overtime, so hours 13 and 14 are paid at 2x the regular rate.

Labor Code §510 gives California both daily and weekly overtime. No day passed 8 hours, so no daily overtime accrues, but 48 hours worked means 8 hours over the 40-hour weekly line, payable at 1.5x. (a) applies the double-time multiplier, which §510 reserves for hours past 12 in a day or past 8 on the seventh consecutive day. (c) is the common belief that California abolished weekly overtime once it adopted the daily rule; both rules operate. (d) counts the entire sixth day as overtime, which would be correct only if the sixth day were the seventh consecutive day of the workweek. An employer applies whichever rule pays more but may not pyramid the two on the same hours.

Labor Code §510 provides special rules for the seventh consecutive day of work in a workweek. The first 8 hours on that day are paid at 1.5x, and any hours beyond 8 on that seventh day are paid at 2x. So the first 8 hours are time-and-a-half and the 9th hour jumps to double time.

Labor Code §515(a) sets a two-part test: a monthly salary of at least twice the state minimum wage for full-time (40-hour) employment, and primary engagement in exempt executive, administrative, or professional duties. (a) gets the money right but the form wrong - an hourly worker is not salaried and cannot be exempt under §515 no matter what the rate is. (b) is the error of applying the federal salary threshold; California's is higher and is tied to its own minimum wage. (d) is the belief that putting someone on salary is itself the exemption, which is the single most common misclassification in construction office staff.

Under Labor Code §1197, the minimum wage set by the Industrial Welfare Commission is the minimum an employer may lawfully pay, and paying less is illegal. An employee cannot waive the right to minimum wage by agreement; Labor Code §1194 makes such agreements void and lets the worker recover the unpaid balance regardless of any 'agreement.' Method of payment (cash or check) is irrelevant to the violation.

When multiple minimum wage laws apply, the employer must pay the highest applicable rate that benefits the employee. Many California cities (for example, several with local wage ordinances) set minimums above the state figure, and state law does not preempt those higher local rates. The federal minimum is the lowest floor and is superseded by both higher state and higher local rates.

Under Labor Code §512, an employee who works more than 5 hours must receive a 30-minute meal period, and that break must start before the end of the fifth hour of work. A 7-hour shift exceeds 5 hours, so one 30-minute meal period is required. A second meal period is required only when a shift exceeds 10 hours. The break is 30 minutes, not 60, and it is generally unpaid and off-duty.

Labor Code §512 requires a first 30-minute meal period for shifts over 5 hours and a second 30-minute meal period for shifts over 10 hours. An 11-hour shift exceeds 10 hours, so two meal periods are required. A third meal period is not mandated; the statute tops out at two. The second meal period may be waived by mutual consent only if the shift is no more than 12 hours and the first meal period was not waived.

The Wage Orders require a paid, duty-free 10-minute rest period per 4 hours worked 'or major fraction thereof,' which Brinker read as more than two hours into a new four-hour block. (a) doubles the duration; 20 minutes is the separate heat-illness recovery period, not the rest break. (c) makes the break unpaid and stretches the divisor to 8 - rest periods are counted as hours worked and are paid, which is what separates them from meal periods. (d) collapses rest into a single mid-shift break, which is the meal-period structure, not the rest structure.

Labor Code §226.7(c) fixes the remedy at one additional hour of pay at the employee's regular rate of compensation for each workday a compliant meal period was not provided. (a) pays the premium at minimum wage; the statute ties it to the employee's own rate, which for a journeyman is far higher. (b) treats a late meal as a cure - it is not; a meal period pushed past the fifth hour is itself a violation. (d) doubles the premium. One meal violation and one rest violation in the same day can each carry their own hour, for a maximum of two premium hours per day, but a single meal violation carries one.

Under Labor Code §201, when an employer discharges an employee, all earned and unpaid wages are due and payable immediately at the time of termination. This includes accrued, unused vacation, which California treats as earned wages. The 72-hour rule applies to employees who quit without notice, not to discharges.

Under Labor Code §202, an employee who quits without at least 72 hours' notice is entitled to final wages within 72 hours of the last day worked. If the employee gives at least 72 hours' notice, the wages are due on the final day of work. The 'immediate' rule applies to terminations under §201, not voluntary quits without notice.

Labor Code §203 continues the discharged employee's wages as a penalty at the same daily rate until the final wages are paid, capped at 30 calendar days. (a) borrows a treble-damages multiplier from other statutes; §203 is a time-based penalty, not a multiple of the debt. (c) invents a flat sum, so a $600-a-day superintendent and a $150-a-day laborer would recover the same amount - the opposite of how §203 works. (d) substitutes the one-hour figure from the §226.7 meal-and-rest premium, a different remedy for a different violation. The penalty runs only where the failure to pay was willful.

Labor Code §226 lists nine categories required on itemized wage statements, including gross wages, total hours (for non-exempt workers), all deductions, net wages, pay period dates, the employee's name and an ID number or last four SSN digits, the employer's name and address, and all hourly rates with hours at each. It does not require the employee's home address or vehicle information, so the last option is not a required item.

Labor Code §226(a) requires an accurate itemized wage statement semimonthly or at the time of each payment of wages, furnished automatically as a detachable stub or an accurate electronic record. (a) confuses furnishing the statement with the separate §226(b)/(c) duty to produce payroll records for inspection within 21 days of a request. (b) confuses the wage statement with the annual federal W-2. (d) confuses it with the employer's quarterly DE 9/DE 9C payroll tax filing to EDD, which reports to the state, not to the employee.

Labor Code §226(a) requires employers to keep a copy of each itemized wage statement, or the information necessary to reconstruct it, for at least 3 years at the place of employment or a central location. Employees have the right to inspect or copy these records. The 3-year retention aligns with the general statute of limitations for wage claims.

Under Labor Code §226(c) and §1198.5, an employer must permit inspection or provide copies of an employee's payroll and personnel records within 21 calendar days of a written request. Failure to comply can subject the employer to a penalty and possibly a small-claims action. Employers may charge the actual cost of copying but cannot ignore or unreasonably delay the request.

Labor Code §2802(a) makes the employer indemnify the employee for all necessary expenditures incurred in direct consequence of the discharge of their duties - required specialty safety gear and a reasonable percentage of a personal cell phone bill used for work both qualify. (a) is the 'personal item' defense, which fails once the employer requires the item for the job. (b) is wrong in the other direction: a collective bargaining agreement cannot waive §2802, because Labor Code §2804 voids any contract waiving it. (d) splits a cost the statute assigns entirely to the employer.

Labor Code §2775(b)(1) presumes employee status unless the hiring entity proves all three prongs: (A) freedom from the hirer's control and direction, (B) work outside the usual course of the hiring entity's business, and (C) customary engagement in an independently established trade of the same nature. (d) is prong A. (a) is a factor under the older Borello multi-factor test, which still governs some relationships but is not a prong of the ABC test. (b) and (c) are the paperwork fallacies: how the worker files taxes and what the parties call the arrangement do not decide status, which is why a signed contractor agreement is no defense. For construction subcontractors, §2781 supplies a separate route that turns partly on the sub holding its own contractor license.

Prong B of the ABC test (Labor Code §2775) requires that the worker perform work outside the usual course of the hiring entity's business. For example, a plumbing company that hires an outside accountant may satisfy prong B because accounting is outside plumbing; but a plumbing company hiring a plumber to do plumbing work cannot satisfy prong B. Where the work is performed and how pay is structured are not part of prong B.

Misclassifying employees as independent contractors exposes the contractor to EDD assessments for back payroll taxes and contributions, Labor Code liability for unpaid overtime and minimum wage, and civil penalties under §226.8 of $5,000 to $15,000 per willful violation. (a) understates it: CSLB discipline under B&P §7110 is possible but is not the main exposure, and it does not displace the tax and wage liability. (c) inverts the remedy - misclassification does not extinguish the workers' claims, it is the reason they have them. (d) is the 'it's my business, I choose' belief; classification is decided by the ABC test in §2775, not by the parties.

Labor Code §226.8(b) sets a civil penalty of not less than $5,000 and not more than $15,000 for each willful misclassification violation. (b) is the §226.8(c) tier, which applies only where the Labor Commissioner or a court finds the employer engaged in a pattern or practice of misclassification - the right numbers attached to the wrong subdivision. (c) is a plausible lowball drawn from ordinary Labor Code penalty ranges. (d) reads the top of the range as a fixed amount; both tiers are ranges, and the penalty is assessed per violation, on top of the back wages and taxes owed.

The Division of Labor Standards Enforcement, headed by the Labor Commissioner, hears wage claims administratively under Labor Code §98 - the 'Berman hearing' - at no cost to the worker and with no lawyer required. (a) is the licensing regulator; CSLB can discipline a license for failing to pay wages but cannot award the worker the money. (c) collects payroll taxes and pays unemployment and disability benefits; an unpaid worker who goes to EDD gets a tax investigation, not a wage award. (d) is Cal/OSHA, which enforces workplace safety, not payment.

A DLSE wage-claim hearing before a deputy labor commissioner is commonly called a 'Berman hearing,' named after the legislator who authored the enabling statute (Labor Code §98). It is an informal administrative proceeding to decide unpaid-wage disputes. A Skelly hearing involves public-employee discipline, and Pitchess and Marsden are criminal-procedure motions, none of which relate to wage claims.

Labor Code §1194(a) lets an employee who prevails on a minimum wage or overtime claim recover the unpaid balance plus interest, reasonable attorney's fees, and costs of suit. The fee shift runs one way, which is what makes small wage claims worth bringing. (a) imports a punitive multiplier the section does not contain. (c) is the American rule, which would apply in an ordinary contract suit but is displaced here by §1194. (d) is the belief that the wages are the whole remedy - it would leave a worker owed $900 paying a lawyer several times that to collect it.

A claim for unpaid wages or overtime founded on a statutory liability (such as the Labor Code) generally has a 3-year statute of limitations under Code of Civil Procedure §338. If the claim is also pursued as an unfair business practice, the reach can extend to 4 years, and a written-contract wage theory can be 4 years, but the baseline statutory period for overtime is 3 years.

Since 2023-09-01, CCP §706.050 limits an ordinary-debt earnings withholding order to the lesser of 20% of the employee's weekly disposable earnings or 40% of the amount by which those earnings exceed 48 times the state minimum hourly wage (96 hours biweekly, 104 semimonthly, 208 monthly). (a) is the federal Consumer Credit Protection Act formula - 25% and 30 times the federal minimum wage - which California employers may not use, because the state formula protects more of the wage. (b) keeps the federal 25% with the new California multiplier, and (c) keeps California's 20% but reverts to the federal wage base. Child support withholding is governed separately and runs much higher.

Labor Code §2929(b) forbids discharging an employee because wages have been garnished for the payment of one judgment, or because garnishment has merely been threatened, and voids any contract term giving less protection; the federal Consumer Credit Protection Act, 15 U.S.C. §1674(a), is to the same effect. (a) concedes the discharge rule but substitutes a pay cut, which is a retaliatory reduction in wages and no safer than firing. (b) is the pre-1970 common-law position. (d) invents a dollar threshold; the protection turns on the number of separate indebtednesses, not the size of the debt, and it is garnishments for multiple separate judgments that put the protection at risk.

Child support income withholding follows the federal Consumer Credit Protection Act ceilings at 15 U.S.C. §1673(b): 50% of disposable earnings if the employee supports another spouse or child, 60% if not, and an extra 5 points in either case when payments are more than 12 weeks in arrears. This employee supports no other family and is not in arrears, so the ceiling is 60%. (a) is the figure for an employee who does support another family. (c) is 60% plus the arrears add-on, which the facts exclude. (b) is the federal ordinary-debt cap, and California's own ordinary-debt cap under CCP §706.050 is lower still at 20% - child support is deliberately allowed to reach much further into the cheque.

California employers report every new or rehired employee to the EDD New Employee Registry within 20 days of the start-of-work date, on Form DE 34 or electronically through e-Services for Business. (d) is the federal floor many other states use, and it is what a multi-state payroll service will often default to - earlier than California requires, but not California's rule. (b) borrows the 30-day rhythm of monthly payroll reporting. (a) is simply the outer edge of what feels reasonable. The start-of-work date, not the hire date or the first payday, starts the clock.

The DE 34 (Report of New Employee(s)) is the EDD form used to satisfy California's new-hire reporting requirement. The W-4 and DE 4 are tax-withholding certificates that determine payroll withholding, and the I-9 verifies work authorization; none of those satisfy the separate new-hire reporting obligation to the EDD's New Employee Registry.

Form I-9 exists to document that the employer examined acceptable documents and verified the new employee's identity and authorization to work in the United States, as 8 U.S.C. §1324a(b) requires of every U.S. employer. (a) is the job of the DE 34 new-hire report, which does feed child-support enforcement - a genuinely adjacent form completed at the same moment in onboarding. (b) is the federal W-4 and California DE 4. (d) happens through the employer's EDD payroll tax registration, not through any form the employee signs. All four documents cross the new hire's desk in the same week, which is why they are easy to confuse.

The employee completes Section 1 no later than the first day of employment; the employer completes Section 2 by examining the documents by the end of the third business day after the employee begins work for pay. (a) is not merely early, it is unlawful - demanding work-authorization documents before an offer invites a citizenship-status discrimination claim under 8 U.S.C. §1324b. (b) borrows the 20-day deadline of the California DE 34 new-hire report. (d) borrows the 30-day rhythm of benefits enrollment. Three business days is a much shorter fuse than any of them, which is why I-9 Section 2 is the onboarding step most often missed on a fast-moving crew.

E-Verify is a voluntary federal internet system that compares the data on a completed Form I-9 against Social Security Administration and Department of Homeland Security records. California does not require it: Labor Code §2814, added by AB 622, makes it unlawful for an employer to use E-Verify on an existing employee or an applicant who has not been offered a job, except where federal law or a federal funding condition compels it, with penalties up to $10,000 per violation. (a) confuses it with EDD e-Services for Business, which is the state payroll portal. (b) confuses it with a DIR or DOL payroll audit. (d) invents a licensing step; California licenses the contractor, not the foreman.

In California, Unemployment Insurance (UI) tax is an employer-paid payroll tax; it is not withheld from employee wages. By contrast, State Disability Insurance (SDI) is withheld from the employee's pay, and personal income tax is withheld from wages. Social Security (FICA) is split between employer and employee. The Employment Training Tax (ETT) is also employer-paid.

State Disability Insurance (SDI), which funds California's disability and paid family leave benefits, is deducted from the employee's wages. UI and ETT are employer-paid, and FUTA (Federal Unemployment Tax Act) is entirely an employer obligation. Knowing which taxes are employer-paid versus employee-withheld is essential for correct payroll administration.