Legal Question in Employment Law in California

Getting paid for ess than 14 days in pay period

We recently got an e-mail from the payroll department that our last time card of 2004 is due on Thursday, December 23. Normally it would be due on Monday, December 27. (Payday is December 31)

The downfall of this is that the pay period ends on Sunday, December 26. Some of us in the building have to work on the 24th and on the 26th.

Their reason? They need to shut down the computers to do some updating to them for the year end.

We were told that those hours we work will be added in at a later date, on our paycheck that comes out on January 14.

Unfortunately, the hours I work on the 24th and 26th will count into my normal 40 hour work week. I don't think it is right that I'm penalized and will receive a lower paycheck because they have to do something to their computers. They should have planned ahead, or at least given us some more notice. The e-mail was sent December 10.

Please advise if this is legal.

Thanks!


Asked on 12/14/04, 6:59 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Getting paid for ess than 14 days in pay period

The employer's conduct is not legal, but the remedy for you will be so small as to make it a waste of your time. The employer would be violating the payday requirements, but the remedy would be to pay your wages and perhaps a small penalty. The penalty would be larger if everybody affected filed a claim.

They can avoid this problem by paying the estimated regular work hours for those days and adjust any over or short payments on the next pay check.

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Answered on 12/20/04, 8:14 pm


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