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I was shorted 38.35 hours on my last paycheck. I was given a 58% advance and told it would be put on my next paycheck (today 7/29/16) only to find out it was not. I asked why and was told they didn't receive the request at our district accounting office. It was emailed again today. I would have to wait until my next paycheck. I am filing a grievance with my union rep but I was to know what the federal labor law is for the amount of time they can take to pay me my balance. Where I can find the exact law and rights. Thank you so much in advance


The above link is to the California department of labor wage payment rules. Also on the webpage is a place to file for unpaid wages.

Here is a partial post from the above webpage.

In California, wages, with some exceptions (see table below), 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

On the bottom there are some questions here is an interesting one

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

This is also interesting

  Q.   If I don't submit my timecard for the pay period, can my employer delay payment of my wages until the timecard is submitted?

A.   No, it is the employer's obligation to pay you on the established payday regardless of whether the timecard is submitted. There is no exception in the law that allows the employer to require you to wait until the next payday, or even until the timecard is turned in. Your employer can comply with the law, even without having your timecard, by paying all of the wages that it reasonably knows are due for your regularly scheduled work period.

This is all California law.  California is even more strict than Federal Law. I would contact your California Department of Labor and have them talk to your employer.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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