Legal Question in Employment Law in California
When is my employer required to pay all money owed to me for work I have already
I work for a small nonprofit whose administration recently decided to shut down one of it's programs. This program employs four salaried employees including myself who work for ten months out of the year but chose to have our salary spread out over twelve months when we signed our contracts. Our slary over the summer comes from work we have already done during the school year. Our program year ends on June 13th and our employer has told us that we can collect our paychecks as usual on the first of the month during the summer but we want to know whether or not the law says all of our money should be included in our final paycheck on June 13th since that is oficially the last day of work.
2 Answers from Attorneys
Re: When is my employer required to pay all money owed to me for work I have alr
The law states that you must be paid the wages you have earned within a fixed (and short) time frame after you are discharged. The anticipated summer checks were for work you have already performed, so, in my humble opinion, you should be able to collect it within the short time frame after your dismissal. If you do not receive it, you might check with the State of CA Employment Development Department to assist you. -Robert F. Cohen, Esq.
Re: When is my employer required to pay all money owed to me for work I have alr
I respectfully disagree with my colleague's prior answer. By law, an employer is required to pay you your full pay owed on the last day of your employment. Failure to do so may subject them to waiting-time penalties equivalent to a day's pay for every day they are late, up to a maximum of 30 days.
The proper place to seek assistance is with the California Labor Commissioner's office.
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