Legal Question in Employment Law in California

withholding first weeks pay

Is an employer is allowed to withhold the first weeks pay?

I have been working with this company for 2 weeks and i just recieved my paycheck and my boss withheld my first weeks pay, so I only recieved my second weeks pay. This was not mentioned to me in my interview and hiring process. Also, I was suposed to get paid on the 1st of the month, my boss never gave me my check until the 2nd of the month late at night(he said he was too busy). Is this legal?


Asked on 1/04/06, 10:31 pm

1 Answer from Attorneys
Gregory Cartwright The Cartwright Law Group, APLC

Re: withholding first weeks pay

The short answer is NO, the employer cannot withhold any pay for any reason even for things such as an offset for monies which may be owed to the employer for some reason. This is illegal, and you should get the full amount owed to you. In addition, the California Labor Code allows you to recieve "waiting time penalities" of your average daily wage for every day the employer delays in paying you what is owed (up to a maximum of 30 days). You should consult an attorney in your area and get what is owed to you.

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Answered on 1/05/06, 3:55 pm


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