What amounts are included in wages? We get variations on this question all the time including, is my bonus part of my wages?
The Law
Wages are defined under California Labor Code § 200 to include “all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.” This is a very broad definition that includes virtually any form of compensation used in the modern economy, so long as it is "fixed or ascertainable" by some "method of calculation."
Yes, under California law bonuses are wages. Ralphs Grocery Co. v. Sup. Ct. (Swanson) (2003) 112 Cal. 4th1090, 1103, 5 Cal. Rptr. 3d 687, 697.
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for a free, no obligation review, please visit: http://www.adishianlaw.com/index.php/wrongful-termination. For more information about WAGES, UNPAID WAGES, UNPAID BONUSES and/or other areas of EMPLOYMENT law, please visit www.AdishianLaw.com, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C.2009.
Tuesday, January 20, 2009
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