Legal Question in Employment Law in California
This past Friday my office was supposed to get our regular two week paycheck. Only one week was paid. We were informed that effective immediately, we were switching to weekly paychecks and would be paid two weeks behind. I will receive the second half of my check this Friday, and then weekly, two weeks behind. He still does payroll every two weeks, but simply holds the second week in his account for an extra week... Is this legal?
1 Answer from Attorneys
If the company pays on 'two week' checks they could pay two weeks behind. Paying weekly would allow them to pay one week behind. Theoretically, delaying payment a week would incur penalty and interest for each delayed check. If you can't resolve it, you could make a complaint with the Labor Commissioner, or file suit. If serious about getting legal help, feel free to contact me. It may be possible to 'educate' the employer without having to take legal action and make 'waves'.