Legal Question in Employment Law in California
Last Minute Switching of Paydays
For the last 3 years, my employer has had the following payroll/payday policy: Paydays will be the 15th and the last day of the month, and if either of those land on a weekend or holiday, payday will be the last working day BEFORE the actual stated payday. Three months notice was given to the employees before the above plan was implemented... NO PROBLEM! However, last month (Jan 99), employees were notified on Wednesday the 27th that they would NOT be paid on the 29th, since the last last day (31st) fell on Sunday. Instead, they would distribute checks on Monday, Feb. 1st. No mention was made that the policy had been changed then or in the past. Now, they are doing the same thing WITH a declaration of policy change... AGAIN, only 2 days before the originally scheduled payday. While the company is reasonably free to declare what the payday policy will be, my question is simply... Can Employers Violate / Change Their Payday Policy Just 2 Days Before Current Policies' Scheduled Payday? Thanks ahead for any info on this subject!
1 Answer from Attorneys
Re: Last Minute Switching of Paydays
Generally, California employers are required to pay their employees at least twice monthly. Payment also is required to be made not more than ten days from the close of the payroll period. Contact the office of the California Labor Commissioner near you if your employer fails to comply.
Stuart Kaye
Law Offices of Stuart M. Kaye
8355 La Mesa Boulevard