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Payroll California, Unique Aspects of California Payroll Law and Practice

The California State Agency that oversees direct deposit
the collection and reporting of State California State Wage and Hour Law
income taxes deducted from payroll checks provisions concerning pay stub
is: information detail the following
Employment Development Department information must be on the paystub.
800 Capitol Mall - Gross and net earnings
Sacramento, CA 95814 - Hours worked at each hourly rate for
888-745-3886 hourly workers
California requires that you use - Piece rate and number of pieces
California form "DE 4, Employee's - Deductions
Withholding Allowance Certificate" - Pay period dates
instead of a Federal W-4 Form for - Employee's name and social security
California State Income Tax Withholding. number
Not all states allow salary reductions - Employer's name and address
made under Section 125 cafeteria plans or In California employees must be paid at
401(k) to be treated in the same manner least semimonthly, monthly for FLSA
as the IRS code allows. In California exempt employees. The lag time between
cafeteria plans: are not taxable for earned and paid is governed by statute in
income tax calculation; are not taxable California. Wages earned from the 1st
for unemployment insurance purposes. through the 15th of the month must be
401(k) plan deferrals are: not taxable paid by the 26th. Wages earned from the
for income taxes; are taxable for 16th through the end of the month must be
unemployment purposes. paid by the 10th of the following month.
In California supplemental wages are Exempt employees by the 26th of the month
taxed at a 6% flat rate, 9.3% for stock for the entire month (a safe harbor is
options and bonuses. payment within 7 days after the pay
You are not required to file California period.)
State W-2s. California payroll law requires that
The California State Unemployment involuntarily terminated employees must
Insurance Agency is: be paid their final pay immediately;
Employment Development Department within 72 hours for seasonal employees;
P.O. Box 826880 - MIC 94 within 24 hours for certain motion
Sacramento, CA 94280-0001 picture (by next payday if laid off) and
888-745-3886 certain oil drilling employees.
The State of California taxable wage base Voluntarily terminated employees must be
for unemployment purposes is wages up to paid their final pay within 72 hours;
$7000.00. immediately if 72 hours' notice of quit
California requires Magnetic media is given; strikers on next regular
reporting of quarterly wage reporting if payday.
the employer has at least 250 employees Deceased employee's wages to a maximum of
that they are reporting that quarter. $5,000.00 must be paid to the surviving
Unemployment records must be retained in spouse or conservator when an Affidavit
California for a minimum period of four of right and proof of identity are
years. This information generally presented.
includes: name; social security number; Escheat laws in California require that
dates of hire, rehire and termination; unclaimed wages be paid over to the state
wages by period; payroll pay periods and after one year.
pay dates; date and circumstances of The employer is further required in
termination. California to keep a record of the wages
The California State Agency charged with abandoned and turned over to the state
enforcing the state wage and hour laws for a period of seven years.
is: There is no provision in California law
The Department of Industrial Relations concerning tip credits against State
Division of Labor Standards Enforcement minimum wage.
P.O. Box 420603 In California the payroll laws covering
San Francisco, CA 94142-3660 mandatory rest or meal breaks are a
The provision in the law for minimum wage 30-minute meal break after five hours; 30
in the State of California is $6.75 per minutes after 10 hours; 10-minute rest
hour. after four hours.
The general provision in California State California law concerning record
Law covering paying overtime in a retention of wage and hour records is two
non-FLSA covered employer is one and 1/2 years.
times regular rate after an 8 hour day, The California agency charged with
40 hour week in most industries. Check enforcing Child Support Orders and laws
for other overtime rules and exemptions. is:
California State new hire reporting Department of Child Support Services
requirements are that every employer must P.O. Box 944245
report every new hire, rehire and Sacramento, CA 95244-2440
contractor who is paid over $600.00. The 916-654-1532www,childsup,cahwnet.gov
employer must report the federally default.htm
required elements of: California has the following provisions
- Employee's name for child support deductions:
- Employee's address - When to start Withholding? 10 days
- Employee's social security number after service
- Employer's name - When to send Payment? Within 7 days
- Employers address of Payday.
- Employer's Federal Employer - When to send Termination Notice?
Identification Number (EIN) When next payment is due
Plus date of hire; state EIN; date, - Maximum Administrative Fee? $1 per
dollar amount, expiration date of payment.
contract. - Withholding Limits? 50% of
This information must be reported within disposable earnings.
20 days of the hiring or rehiring; or Please note that this article is not
after $600.00 minimum is met or contract updated for changes that can and will
is signed whichever is earlier. happen from time to time.
. Charles J. Read, CPA has been in the
The information can be sent as a W4 or payroll, accounting and tax business for
equivalent DE34 by mail, fax or 30 years,the last fifteen in private
electronically. practice. Mr. Read is the author of "Tax
There is a $24.00 to $490.00 penalty for and Accounting Issuesin Forming a New
a late report in California. Business."
The California new hire-reporting agency To find professional payroll services at
can be reached at 916-657-0529 or on the a budget price go to paperless payroll
web at company.
California does allow compulsory direct For a full service payroll bureau with
deposit but the employee's choice of CPA's on staff visit .
financial institution must meet federal See an excerpt of Mr. Read's interviews
Regulation E regarding choice of from William Shatner's "Heartbeat of
financial institutions. America"television show on the web sites
California does not allow compulsory linked above.




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