Q: I work in a small office as an hourly employee. We get paid once a month but the dates vary and I always have to ask when our next paycheck is going to be released because it is never clear. Shouldn’t I get my paycheck on the 15th and 30th of every month like everybody else?
A: In California, wages 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. The employer is also required to post a notice that shows the day, time and location of payment of wages. Failure to post the payday notice and failure to pay wages in good funds (i.e., the paycheck bounced) on the designated regular payday are violations of the California Labor Code.
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. 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 are weekly, biweekly (every two weeks) or semimonthly (twice per month). When the earning period is not between the 1st and 15th, and 16th and last day of the month but some other period, then the employee’s wages must be paid within seven calendar days of the end of the payroll period within which the wages were earned.
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. Payment of overtime wages earned in one payroll period must be paid no later than the payday for the next regular payroll period. Only payment of the overtime wages may be delayed until the next payday, not straight time wages.
Employees must be given prior notice if there are changes in the regular payday schedule (for example, from biweekly to semimonthly). Such changes must still meet the payday requirements of the law.
If the employee has a timecard and the timecard is not submitted at the end of the earning period, the employer still must pay the employee on the established payday regardless of whether the timecard is submitted. The law does not allow the employer to require the employee to wait until the timecard is turned in or until the next payday. The employer can pay the employee, even without having the employee’s timecard, by paying all of the wages that the employer reasonably knows are due for the employee’s regularly scheduled work period.
If the regular designated payday falls on a holiday and the employer observes that holiday by closing its business, the employer may pay the employee’s wages on the next business day.
The following employees may be exempted from the above rule: executive, administrative and professional employees (also known as exempt employees), agriculture employees, farm workers, and motor vehicle dealers who are paid commission wages.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum - a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations . His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.] Inquiries to this law office are welcome and at no cost.
( Published on January 3, 2009 in Asian Journal Los Angeles p. C3 )
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