Legal Question in Employment Law in California

I live in California. I started new job in California on 10/5/12. On 10/10/12 I moved. I filled out my employment paperwork (direct deposit/W4) on 10/5/12 with my p.o. box address & used my previous address when asked for a street address knowing I was moving soon, but not knowing where I was moving to. Their posted payday was 10/17/12. They do not hand out any checks on payday. All paychecks & statements are mailed to each employee. They have direct deposit, however it takes 2 or 3 pay cycles to take effect. So today is 10/27/12 & I still have not received my paycheck from 10/27/12. I questioned the Human Resources person on 10/17/12 regarding which address my check was sent to...i was informed that checks are sent out on the payday & it takes 2-3 days to receive them. I was told to notify him on Monday 10/22/12 if I had not received it. On 10/22/12 I notified him of non receipt...he said he would look into it. On 10/23/12 he said Corporate had notified him that it was sent to my po box. I wrote a letter to my supervisor, her supervisor, the Director & the Administrator (1 letter addressed to them all). On 10/24/12 I was called into the Administrators office & was told that there was a 'rush' placed on getting me my first check & if possible it would be 'FedEx'd' to me. It is now 10/27/12 & I still do not have my paycheck from 10/17/12. I am concerned that my next check due on 10/31/12 wont be received on 10/31/12 & have rent due on the first. Is it within the law in California to mail checks on the posted payday, rather than making them available at the employer. Second, is there any interest penalty for not paying in a timely manner?


Asked on 10/27/12, 1:22 pm

1 Answer from Attorneys

It is perfectly legal to mail pay checks on the company's pay day. If they mailed it to the address you gave them on the pay day the employer lists as its pay day, they have satisfied their obligations under the law and no interest or penalty is due. You might also want to check your company's payroll policies. Many companies issue checks at the end of a pay period for the prior pay period, not the one that just ended. So, for example, the 10/31 pay check would be for the 10/4-17 two-week pay period. The 10/17 check would have been for the 9/20-10/3 pay period. That too is perfectly legal and would explain you not receiving a 10/17 check when you started work 10/5. Otherwise, why would a payroll check mailed to your P.O. Box not reach you?

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Answered on 10/27/12, 3:48 pm


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