When you go to work at your job, you do so with the expectation of getting paid. Not only is this is the civic contract between an employer and an employee, but it is well-settled law. Unfortunately, as the attorneys at Moss Bollinger have seen many times, some employers either don't have their business in order or choose to play games with their employees when it comes to payment. One of these scenarios is when employers pay employees late.
Employers Must Establish Paydays
The state of California requires that employers establish two paydays per month. An employee's wages from the first two weeks of the month, must be paid no later than the 26th of the month. Wages earned for the rest of the month must be paid by the 10th of the next month.
Not only is it the law that California employers must establish paydays, but it must also clearly notify its employees of these dates. California Labor Code Section 207 requires that: "Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article."
Employer's Penalties for Late Payments
If your employer pays you late, you have two initial options: (1) to make a demand for the money you are owed; and (2) to lodge a complaint with the California Labor Commissioner's Office, Division of Labor Standards Enforcement. California Labor Code Section 210 provides penalties for employers who fail to pay employees. Some of the employer misconduct included in this section includes failing to pay wages, issuing checks that bounce, and taking unauthorized deductions from paychecks.
For an initial violation, the California Labor Commissioner's office may seek $100 for each failure to pay each employee. Subsequent failures will invoke a $200 fine, in addition to a penalty equal to 25% of the amount that was unpaid. While this may not directly help your bank account, employers do not want the expense, time, and hassle of fighting the Labor Commissioner's office.
You Have Rights
As an employee in the state of California, you have legal rights. You need an attorney who knows the law and is willing to take on your employer to set things straight. You work hard and deserve every cent you have worked for. Let us help you. We work on a contingency basis and don't charge any fees up front. Call Moss Bollinger at 800-249-1175, or contact us online.