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?


Asked on 12/01/11, 5:02 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No, they cannot do that and if you are an hourly employee, you should be paid no less than twice a month.

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Answered on 12/01/11, 5:05 pm

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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Answered on 12/01/11, 5:16 pm


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