Legal Question in Business Law in California

legal time frame to pay an employee

Is a company legally bound to paying an on call employee within one week of the date they worked?

Or is it okay to pay them within two weeks if payroll is bi monthly?


Asked on 10/13/08, 6:32 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: legal time frame to pay an employee

Employees must be paid on payday (or before). It is a matter of private contract when payday is. California courts have upheld pay schemes of great diversity, including a sawmill's contract with its employees saying they would be paid "in the spring, when we can ship and sell the lumber." The key part is agreement or reasonable expectation. The employer must produce good paychecks when it has agreed to, and the agreement doesn't need to be a formal written contract, it just needs to be what the employees have come to expect. So, make your intentions crystal clear in advance, stick to them, and the employee should have no ground for dispute.

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Answered on 10/15/08, 12:44 am


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