Legal Question in Employment Law in California

I was laid off on Aug 1st due to budget issues. On Aug.18th I was re-hired as an on-call employee. I worked 64 hours from Aug. 30th thru Sep.13th. I just received an email stating that due to a "glitch" in the system 20 employees were not put into the system correctly prior to the 13th and those hours were lost and a paycheck can not be cut. So due to a computer error they have to put our hire date as Sep 13th and can't write a check for work prior to the 13th.

The "plan" is to supplement future paychecks up to 80 hours until our hours are paid off (64hrs in my case). If I work 64 hours in a 2 week pay period it will take 2 months to pay me back for 2 weeks of work. If I work more than 64 hours it will take longer.

Can they do that? What should I do?


Asked on 9/18/09, 1:39 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

They are required to timely pay you, and face penalties if they don't. You might contact the CA Department of Labor (EDD) to file a complaint.

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Answered on 9/18/09, 2:29 pm


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