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  1. #1
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    Jun 2010
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    Default Employer Docking Pay As Punishment

    My question involves employment and labor law for the state of: California

    I work in Home health care through the IHSS WPCS program. While my client is considered to be my employer he does not pay my wages, nor does my check come from him, it comes from the state. Can he dock my paycheck for punishment and take so much out I can survive or pay bills? In alot of ways it feels like he is retaliating against me. He also told me I can't have it back till " I prove Myself ". I dont understand this at all. hope you can help

  2. #2
    Join Date
    Jan 2006
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    Default Re: Employer Docking Pay As Punishment

    so, how is this person docking your pay?

  3. #3
    Join Date
    Jun 2010
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    8

    Default Re: Employer Docking Pay As Punishment

    maybe docking is not the word here, if not my apologies. he is taking money from my check, not giving me my full pay. he is punishing me this way. he has taken hours away and my pay in effort to punish me for things i didnt do.

  4. #4
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    Massachusetts
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    Default Re: Employer Docking Pay As Punishment


  5. #5
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    Default Re: Employer Docking Pay As Punishment

    http://www.cmips2project.ca.gov/AboutUs.shtml
    The PCSP, IPW, and IHSS-R IHSS programs are administered at the county level by county welfare departments and at the State level by the Adult Programs Division within CDSS. The Medi-Cal Waiver Personal Care Services (WPCS) Program is administered through Department of Health Care Services. A portion of the costs for IHSS services are paid by federal funding through the Social Security Act Title XIX, Grants to States for Medical Assistance Programs, Section 1929.

    Under the IHSS programs, qualified aged, blind, and disabled individuals hire providers to come to their homes and help with personal care, housekeeping, shopping, self-care procedures, meal preparation, and other daily activities. In most cases, the IHSS recipient is the employer of the provider and, as such, manages their activities. The State provides payroll services to pay the providers' wages. Twice monthly, the recipient or provider mails a time sheet to their county welfare office where the hours worked are input into CMIPS, a state-wide computer application and database. CMIPS calculates pay and taxes and sends the information to the State Controller's Office, which prints and mails the paychecks to the providers.

    County welfare offices throughout California are responsible for determining recipients IHSS eligibility and service needs, and managing each case. A county social worker initially assesses an individual in their home to determine level of support required. If requested, the county or the county’s Public Authority can also help the recipient find a provider, but in many cases, family members provide the support services. Once a provider is identified, the information about the provider is entered into CMIPS for subsequent payroll processing. Every recipient must be re-assessed annually to ensure they continue to have the proper level of support.
    CONTACT US
    By Email
    Phone: 916-229-0877

    so, what I have found is that you need to read your handbook first. Then, as it directs in the handbook, contact payroll if you believe there is something incorrect about your hours. If you cannot figure out how to contact payroll, contact your fathers case worker.

  6. #6
    Join Date
    Jun 2010
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    8

    Default Re: Employer Docking Pay As Punishment

    thank you very much. only bad thing is that I was never given a handbook


    Quote Quoting jk
    View Post
    http://www.cmips2project.ca.gov/AboutUs.shtml

    CONTACT US
    By Email
    Phone: 916-229-0877

    so, what I have found is that you need to read your handbook first. Then, as it directs in the handbook, contact payroll if you believe there is something incorrect about your hours. If you cannot figure out how to contact payroll, contact your fathers case worker.

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    3,043

    Default Re: Employer Docking Pay As Punishment

    Quote Quoting GoingNutz
    View Post
    thank you very much. only bad thing is that I was never given a handbook
    jk, please note that this is a duplicate thread. GoingNutz posted his/her issue on another forum and then became very snotty and rude when the experts there asked some questions to help them figure out what advice to give. When GoingNutz got off his/her high horse and deigned to answer one or two of the questions, the experts were able to give him/her some accurate legal information. Because the information wasn't what GoingNutz wanted to hear, he/she went into a major snit and came over here, evidently thinking that the legal information here would somehow be different.

    GoingNutz, please note that the law doesn't change from forum to forum.

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Employer Docking Pay As Punishment

    you should have but since you didn't, contact the case worker for your father or whomever issues your pay to dispute the hours reported.

  9. #9
    Join Date
    Jun 2010
    Posts
    8

    Default Re: Employer Docking Pay As Punishment

    first let me apologize for take so long to respond I have had 2 deaths in my family. for you to assume i did or did not contact the worker is wrong. I am trying to find that information out. I am going to call the above listed number as soon as I get off work today. thank you so much for your help.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employer Docking Pay As Punishment

    Quote Quoting GoingNutz
    View Post
    first let me apologize for take so long to respond I have had 2 deaths in my family. for you to assume i did or did not contact the worker is wrong. I am trying to find that information out. I am going to call the above listed number as soon as I get off work today. thank you so much for your help.
    I simply relayed what the handbook said to do. I have no idea what you have or haven't done. If the info is useful, great. If it isn't or you had already been through that step maybe we can find some other action for you to take.

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