Expert: Shirley McAllister, CPP, PHR - 3/15/2011

Question
My scheduled paydays are the 1st of the month (for the 16th-end of the month)and the 16th of the month (for the 1st-15th). Here are examples for my question: This week, the 16th falls on a Wednesday. My employer is closing the office to go out of town from Wednesday to Sunday and wanted to wait until Monday to pay me.I asked if I could get my check today (Tuesday the 15th) and was told no.
In April, my employer will be closing the office from Monday the 18th through Monday the 25th. My last working day for the 1st-15th pay period is Wednesday the 13th. the 16th falls on a Saturday, so normally I would get my check on Monday the 18th.  Because the office will be closed, my employer wants to wait until Tuesday the 26th to pay me.
My question is regarding how longer an employer, in California, can wait after a scheduled payday to pay an employee?

Answer
In California, wages, with some exceptions must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207 Wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month. Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. Labor Code Section 204

Overtime wages must be paid no later than the payday for the next regular payroll period following the payroll period in which the overtime wages were earned. An employer shall be in compliance with Labor Code Section 226(a) relating to total hours worked by the employee if the overtime hours are recorded as a correction on the itemized statement for the next regular pay period and include the dates of the pay period for which the correction is being made. Labor Code Section 204(b)(2)

If my employer does not pay me on my regularly scheduled payday, what can I do?


A. You should contact the Division of Labor Standards Enforcement and explain that your employer is not paying you on the regularly scheduled paydays. DLSE will assist you by explaining the law to your employer. Failure to post the payday notice required by Labor Code Section 207, and failure to pay wages in good funds on the regular designated payday as prescribed in Labor Code Sections 204, 204b, 205, and 209, respectively, is a misdemeanor. Labor Code Section 215

http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

Shirley