Postal Letter

Can you review the draft of info I am turning in with my California wage claim?

The draft is below. Have any pointers? Planning on putting in my 2 weeks' notice due to being sick of my employers ripping off suppliers and employees. 1. Vacation Policy. No pay out option on vacation time. "Use it or lose it" policy, with a time limit of one year. Vacation time will be deducted from wages as an advance. 2. OSHA and labor laws notice to employees No OSHA poster was in the office until February 2009. As of April 2009, no information is filled in, such as the scheduled paydates. Two employees hired referred to me and were not aware that paychecks were distributed monthly. 3.Reimbursement of Mileage Expense No mileage reimbursement policy was provided until March 1st, 2009. I regularly drove on small errands for the company. On a daily basis I drove to pick up mail from the local Postal Annex. As often as weekly I drove to a drop box that was a short distance from my home, which I did after working hours as I was not let off early on these occasions. I was never paid for this time or for mileage. 4. Incorrect wage calculations From August 27th, 2007 up to February 2009 I was incorrectly paid. I believe this is true for the other employees during that time period as well. All employees that I know of were hired on an hourly basis. I have proof of this as seen in the attached copy of the original job offer ad that I applied to as well as an email from the President confirming that I was an hourly employee and my pay rate. Wages were figured on an incorrect average, using 4 weeks or 20 working days as opposed to the correct average of 4.3 weeks, or the correct number of working days in each month. I brought this issue up to the President of the company in the last week of February. He never returned to me regarding the wage issue. He subsequently adjusted the employee's wages to the correct amount for March, and figured them to 22 working days. This is for California. According to what I looked up, it seems vacation days are considered part of wages and must be paid out or given?

Public Comments

1. 1) 100% legal 2) Would not effect your pay. Employer would get warning 3) Mileage reimbursement is NOT required by law. 4) Wages is by working day unless salary Does not sound like you have any case. If you do it sounds like you might get $100 after 1-2 years fight. I would just move on.
2. 1. A company is not obligated to offer a payout of vacation time and they are well within their rights to have a use it or lose it policy. Otherwise, staff could save up time and take off for 3 months which would disrupt production to a large extent. 2. OSHA is a safety regulation and has nothing to do with posting your pay schedules. If someone had a question they should have talked to HR or payroll. 3. If there was no mileage policy then you had the right to refuse to do those errands. If you did not, you were implying acceptance. If your state has a mandatory mileage regulation, I imagine there are strict criteria and your claim may not fit. I would check the law before adding this one. 4. Basing your claim on the ad posted in the paper is not valid. However, the email from the president is. He owes you the money for the incorrect wage configuration.