Legal Question in Employment Law in California

not getting paid

my employer keep's withholding my paycheck, because, there is no money in the bank. even though i have specific pay day's.


Asked on 7/16/09, 11:27 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: not getting paid

Sounds like you might want to complain to the Labor Commissioner. Penalties attach to failure to pay at the right time.

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Answered on 7/17/09, 4:14 pm
Cary Kletter Kletter Law Firm

Re: not getting paid

In California, an employer cannot withold any employee's pay because the employer does not have "money in the bank". If an employer cannot afford to pay any employee, then the employer should not have the employee work. If any wages are not paid in full and on-time significant penalties begin to accure immediately. The California Labor Code specifially addresses this situation. Employors should not be taking home any profits, or even paying vendors or on other contract debts, before the employees are paid. Not having any "money in the bank" is not a legitimate excuse for not paying employees' wages.

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Answered on 7/17/09, 4:15 pm


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