Legal Question in Employment Law in California

Re: Not being paid on time.

1) Your employer is required to timely pay you. Once an employer has established a pay period (e.g., every week, every two weeks, etc.), the employer must pay the employee timely for work performed. The employer may be liable for waiting time penalties for the failure to timely pay wages.

2) It is illegal under California law for your employer to pay your wages with checks issued in or drawn on accounts from another state (TN). In California, employees physical (as opposed to direct deposit) checks must be issued from and drawn on California banks or California branches of out-of-state banks.

3)Your employer is required to provide you with a 30 minute meal period in any day that you work over 5 hours, unless the work will be completed before you work six full hours in the day. The employer is liable for one hour of pay for each day that a meal period is not permitted.

4) Are you being paid for all of your overtime? You are entitle to time-and-a-half for work over 8 hours per day or 40 hours per week, and double time once you hit other hourly requirements.

You should politely remind your employer that they are not complying with California law, suggest that they contact the Department of Labor Standards Enforcement (DLSE) to learn of their responsibilities, and inform them that they could be liable for debts or interest payments you incurr due to their failure to properly comply with California law.

If you have any other questions or issues, or if you and your fellow employees need to proceed further, please call me at (800) 447-5549, www.rightettilaw.com