Legal Question in Employment Law in California
I want my employees to sign a form like this to make sure everything in our restaurant is running good, but some of them will refuse is there anything bad about this form that I should change. Some people will give us a problem on this. What can we do?
ACKNOWLEGMENT OF RECEIPT OF EARNED WAGES AND BREAKS
Pay Period Starting and Ending _______________
My rate of pay is $_________ per hour.
I hereby acknowledge that I have worked ______________hours regular hours and ______________hours overtime for a total of hours for this pay period.
I acknowledge that I have been provided with a ten (10) minute break for every four hours worked.
I acknowledge that I have been offered to take my thirty (30) minutes lunch break after working 6 hours up to this date.
I acknowledge that I have taken meal and break periods that I am entitled to receive under the law up to this date.
I acknowledge that the time recorded in this time sheet is true and accurate and represents the complete hours worked.
I acknowledge that I am being paid for all hours worked this pay period and all past pay periods up to this date.
I acknowledge that I have received all my tips to date and there has been no improper deductions for my tips to date.
I acknowledge that have no claims against our company, its management, or ownership as of this date.
I acknowledge that have not incurred any injuries during this pay period, and past pay periods on the job and have no worker’s compensation claims for this pay period.
Print Your Name: __________________________________________
Signature: ________________________________________________ Date:
1 Answer from Attorneys
The main problem is that you can only require that they sign it if it is absolutely true. Furthermore, you cannot require it as a condition of receiving their pay. If they refuse to sign it, AND it is true, you may be entitled to discipline them or terminate them, but you can never withhold pay for work performed at the time that pay is due. Lastly, I'm not sure how much good it will do you if any of it is not true.