Legal Question in Employment Law in California

Change to biweekly pay

I am a salaried employee with an employment contract. This year, my company changed from semi-monthly to biweekly pay. However, there are only 25 pay periods in 2007, not 2006, so I will not earn my full salary or vacation/sick leaves during the course of the year. No ''make up'' pay check was issued, i.e. I will make less this year because my pay is based on 26 pay periods and there are only 25. Is this legal?


Asked on 3/13/07, 11:16 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Change to biweekly pay

It depends on how your contract is written. If they divided the annual wage by 26 and then paid you only 25 pay periods you may be correct. However, depending on when the pay periods start and end, you may not be losing anything. If the amount is significant you may want to seek counsel to review the pay practices of the employer.

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Answered on 3/22/07, 4:11 pm


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