Six “Good Deeds” That CA Employment Law Punishes Harshly

The phrase “no good deed goes unpunished” applies in many situations, including California employment law. Here are six ways that employers get into trouble by trying to do favors for their workers. Treating an employee as an independent contractor. Some workers want you to treat them as independent contractors so they aren’t subject to withholding. But even if they agree to it in writing, that doesn’t protect you from liability. First, if the workers change their minds and bring a wage claim, you can be on the hook for a variety of penalties. This includes penalties for not having issued proper wage statements, not providing meal and rest breaks, and not properly tracking the employees’ hours. In addition, the Employment Development Department, Franchise Tax Board, Internal Revenue Service, and others can pursue you for not properly withholding and paying payroll taxes. Paying employees in cash. Sometimes an employee may ask you to pay…

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