Legal Question in Business Law in California

I work for an employer who demands that we do not deposit our payroll checks until after 6 PM on the day we receive our checks or later.

In fact, some employees have to come back after 6 to get their paychecks. And that's even if their workday ends at well earlier than that time.

In addition, from what I've learned, the fund for the checks won't be in the companys account until 6 PM.

Is it legal to force employees to come back after their workday is over to get their paychecks?

And is it legal for a company to write checks if the money isn't in their account at the time?


Asked on 6/06/11, 6:30 pm

2 Answers from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

You are not required to come back to work for your check. They can tell you that the money is not there until a certain time and cut the checks early for convenience. I suspect they have a lot of judgments against them and don't want a levy to happen so they do it this way.

Read more
Answered on 6/06/11, 7:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Technically, the employer is violating the law (Labor Code section 212(a)(1) when it "issues" a check against insufficient funds, even if the funds will be there an hour or two later. It would be a relatively easy cure for the employer simply to establish a policy that pay is payable at 6 p.m. and if you aren't around at 6 p.m. to pick up your check, you can get it tomorrow morning. A pay practice cannot be made retroactive, however; the change would have to apply to future earnings. A practical solution would be for the employer and employees to go "direct deposit" into the employee's bank account.

Read more
Answered on 6/08/11, 10:35 am


Related Questions & Answers

More Business Law questions and answers in California