Legal Question in Employment Law in California
I get paid once a month and my employer did not cut my check because my timesheet was turned in six days late. Because of that, I was told I will have to wait untill the next payday to recieve paycheck. Can they do that?
2 Answers from Attorneys
No, they cannot do that and if you are an hourly employee, you should be paid no less than twice a month.
Only exempt employees can be paid less often than twice a month, and by definition an exempt employee's timesheets are not needed to calculate their pay, since they must be salaried. Furthermore, in the absence of a timesheet for an hourly employee, the employer must pay for the hours that the employer reasonably estimates the employee worked and make adjustments in a subsequent pay period when the actual hours are known.
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