Escochecks Inc.

Escochecks Inc. Simplifying Payroll | Bookkeeping | HR | Taxes. Amplify your growth. 💼

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09/09/2026

In California, every non-exempt employee is entitled to a paid 10-minute duty-free rest break for every four hours worked — and it cannot be waived. One break for shifts of 3.5 to 6 hours, two for 6 to 10 hours, three for 10 to 14 hours. The break must be completely uninterrupted — no staying at the register, no monitoring equipment, no remaining on call. Every missed, shortened, or interrupted rest break triggers one hour of premium pay at the employee's regular rate — which per the CA Supreme Court's Ferra v. Loews ruling must include commissions and non-discretionary bonuses, not just base hourly wage. Meal and rest break violations are separate — miss both in one day and you owe two hours of premium pay. The premium counts as wages, must appear on wage statements, is subject to waiting time penalties at termination, and qualifies as a PAGA trigger. Two missed breaks per day for three years on one employee is over $48,000 in exposure. Comment AUDIT and we'll review your break practices.

09/04/2026

In California, CFRA-protected leave cannot be counted as an attendance point, used in a performance review, or factored into any disciplinary action — under any attendance policy. CFRA applies to employers with 5 or more employees and protects up to 12 weeks per year for an employee's own serious health condition, a family member's illness, or bonding with a new child. A no-fault attendance policy is only lawful if it explicitly excludes protected absences. And the employer's obligation doesn't wait for a formal CFRA request — if an employee describes a qualifying condition when calling in, the employer has a duty to designate that absence as protected and notify the employee within 5 business days. Failing to designate and then disciplining is itself the violation. One nuance: CFRA doesn't protect employees from preexisting discipline, genuine misconduct, or a layoff that would have occurred regardless of the leave. Comment AUDIT and we'll review your attendance policies and leave practices.

09/02/2026

In California, employers cannot require a doctor's note for sick leave absences of three days or fewer when an employee is using accrued paid sick leave. And regardless of the length of absence, employers can never demand a specific diagnosis — a note only needs to confirm a health condition, the dates unable to work, and an expected return date. Employers also cannot force employees to use their accrued sick leave — the decision belongs to the employee. Requiring documentation for short absences can be considered a barrier to protected leave, and if it discourages valid sick leave use, it may constitute retaliation under Labor Code §246.5. One nuance: after three or more consecutive days, a reasonable documentation policy may be permissible if applied consistently and without targeting employees for using protected leave. Comment AUDIT and we'll review your sick leave policies.

08/31/2026

If your company policy requires employees to use vacation, PTO, or sick leave before collecting California Paid Family Leave — that policy has been illegal since January 1, 2025. Under AB 2123, employers can no longer require any paid leave substitution before PFL benefits commence. Not two weeks of vacation. Not one day of sick leave. The employee decides whether to use their accrued leave to supplement their PFL — the employer doesn't. Before 2025, employers could require up to two weeks of vacation before PFL. AB 2123 eliminated that option entirely. Any policy still written under the old rule is out of compliance. One nuance: if an employee is on CFRA or FMLA and not receiving PFL or SDI benefits, different substitution rules may apply. But once PFL benefits are being received, no employer-required substitution is permitted. 2026 PFL pays up to 90% of wages for lower earners and up to 63% for higher earners, capped at $1,765 per week — funded entirely by employees. Comment AUDIT and we'll review your leave policies.

08/28/2026

In California, no employer — regardless of size — can fire, demote, reduce hours, or retaliate against an employee for responding to a jury summons under Labor Code §230. Private employers don't have to pay non-exempt employees during jury duty, but they cannot prevent employees from using their own accrued leave. And as of October 1, 2025 under AB 406, employees can now use their accrued paid sick leave to cover jury duty and court appearances as a subpoenaed witness — a change most employers haven't reflected in their policies yet. For salaried exempt employees: if they work any part of the week of jury service, they must receive their full weekly salary. Docking exempt pay for a partial-week absence is a separate wage violation. Retaliation for jury service is an unlawful employment practice — remedies include reinstatement, back pay, and damages. Comment AUDIT and we'll review your leave policies.

08/26/2026

Under California AB 1949 (effective January 1, 2023), employers with 5 or more employees must provide up to 5 days of job-protected bereavement leave when an employee loses a qualifying family member — spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employee must have worked at least 30 days and must complete the leave within 3 months of the death. The leave is not required to be paid — but if your existing policy provides fewer than 5 days, the employee is still entitled to 5 total, with remaining days unpaid. Employees must be allowed to use accrued PTO, vacation, or sick leave to cover unpaid days. You cannot require them to exhaust paid leave first. Documentation may be requested but only after leave begins — not as a condition of granting it. If two qualifying family members die separately, each qualifies for 5 days. Refusing the leave is an unlawful employment practice. Comment AUDIT and we'll review your leave policies.

08/24/2026

In California, overtime is calculated per workweek — not per biweekly pay period. Each workweek stands alone, and employers cannot average hours across two weeks to avoid overtime. An employee who works 50 hours in week one and 30 hours in week two is owed 10 hours of overtime for week one — the 30-hour week doesn't cancel it out. California also requires daily overtime after 8 hours in a single workday, not just after 40 hours weekly. A single 10-hour day in an otherwise light week still triggers 2 hours of overtime. The only exceptions: properly adopted alternative workweek schedules and qualifying collective bargaining agreements. Back pay for miscalculated overtime goes back three years. Comment AUDIT and we'll check whether your overtime is being calculated correctly.

08/21/2026

In California, if an employee complains about unpaid wages — verbally, in writing, or by filing a claim — and you take any adverse action against them within 90 days, the law presumes you retaliated. You have to prove otherwise by clear and convincing evidence. Under Labor Code §98.6 and SB 497 (effective January 1, 2024), protected activity includes verbal wage complaints, Labor Commissioner claims, PAGA filings, and wage discussions with coworkers. Adverse action includes termination, demotion, reduced hours, schedule changes, and negative performance reviews. Civil penalty: up to $10,000 per employee per violation — plus reinstatement, back pay, and attorney's fees on top of the original wage claim. After 90 days, retaliation claims are still valid but require the employee to prove causation. Comment AUDIT and we'll review your documentation and HR practices.

08/19/2026

In California, non-compete agreements are void — and have been since 1872. But as of January 1, 2024, two new laws made asking someone to sign one a civil violation in itself. SB 699 makes it unlawful to enter into or attempt to enforce any non-compete that is void under California law — regardless of where or when it was signed. An employee who signed a non-compete in another state before moving to California cannot be bound by it. AB 1076 makes it unlawful to include non-compete clauses in employment contracts at all. Employees have a private right of action for damages, injunctive relief, and attorney's fees. Civil penalty: up to $2,500 per violation. The only exceptions: sale of a business, dissolution of a partnership, or dissolution of an LLC. Standard employment relationships have no exception. If your offer letters or employment agreements contain non-compete clauses, those need to be removed today. Comment AUDIT and we'll review your agreements.

08/18/2026

In California, you cannot withhold a final paycheck until an employee returns company property — not the laptop, not the uniform, not the keys, not anything. The check is due immediately upon termination, free of any deductions or conditions. You also cannot deduct for register shortages, broken equipment, or customer walkouts on any paycheck — final or otherwise. A signed agreement doesn't change this. California courts have held that earned wages are exempt from employer setoff, even with written consent. Civil remedies exist to recover property or losses — but the paycheck cannot be part of that process. Holding or reducing a final check triggers waiting time penalties under Labor Code §203: one day of wages per day, up to 30 days. Comment AUDIT and we'll check your termination process.

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1950 Eisenhower Blvd
Fort Lauderdale, FL
33316

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Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

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