Re: Techie's List
Not in California as I understand it. The "place of employment" is the
place where services are rendered. One of my recruiters was in Texas with
the only local office in San Jose. I worked in Sacramento, so there is no
way that I could pick up my paychecks. My last check was due to me on the
last day of work at the work site. Now maybe the definition changes based
on the legal issue discussed. For health and safety, the law that I found
defines the place of employment as the work site. If I interpreted this
correctly. For employee pay, however, I am having difficulty finding an
accurate definition, but what I do find, still seems consistent with place
of employment being where services are rendered. Place of payment seems to
have some options.
Here are two sections of the Labor Code
(http://www.leginfo.ca.gov/calaw.html) that may apply in some fashion, but
are not perfect for this discussion:
207. Every employer shall keep posted conspicuously at the place of
work, if practicable, or otherwise where it can be seen as employees
come or go to their places of work, or at the office or nearest
agency for payment kept by the employer, a notice specifying the
regular pay days and the time and place of payment, in accordance
with this article.
208. Every employee who is discharged shall be paid at the place of
discharge, and every employee who quits shall be paid at the office
or agency of the employer in the county where the employee has been
performing labor. All payments shall be made in the manner provided
by law.
I think that if work is performed in one location that it is unreasonable
and probably illegal to require that the employee go to another location to
get paid. I just can't find the law for either side of the argument, but
law that relates to place of employment generally points to the location
where the work is performed.
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