Expert: Shirley McAllister, CPP, PHR - 2/20/2010

Question
Hi There:

My husband works in the state of California and in more than one occassion has been paid late varying in length from 2 days to 9 days late.

His company handbook states that they earn 5 days a year vacation, however these accrued hours never show on a pay stub.

They also have switched to paying every other Friday which has resulted in every pay check getting smaller and smaller.  

What rights do we have, where can we file a complaint and is what they are doing illegal?  Sorry for the multiple questions

Thanks, Kellie

Answer
You have a complaint to file with the California Department of Labor in regards to the checks being paid late. He should be paid every other friday if that is when his pay period is.

It is legal to pay every other friday, that is called bi weekly payroll and is how many employees are paid. It is a legal way to pay employees .

Vacation pay does not have to show on the check stub, but it cannot be taken away in the state of California. Because it does not show on the check stub does not mean it does not exist. If he is not allowed to use the vacation pay than you have a claim for the Department of Labor concerning vacation pay.

Shirley