Legal Question in Employment Law in California

Payperiod laws

I just wanted some information on labor laws. I am an hourly employee in California and according to what I understand about California labor code 204, employers have only so long to pay for hours worked. For example, the paycheck I just received on 4-30-01 covered overtime hours dating back as far as 3-25-01. Also, they have shorted my paycheck due to a computer error and they tell me just to wait until my next check. I just wondered about your thoughts on this. I would prefer not to mention the employer, but they are one of the 10 largest corporations in the United States. Thanks


Asked on 5/04/01, 3:22 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Payperiod laws

You are correct. Labor Code Section 204 requires employers to pay employees no less than twice a month, and no later than the next regular payroll peiod. Certain exempt employees may be paid once a month. Failure to comply with this rule may subject the employer to penalties, such a $50.00 for the first violation and $100.00 for each violation thereafter, plus 25 percent of the amount unlawfully withheld. This is a good type of claim to file with the California Labor Commissioner.

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Answered on 6/20/01, 12:43 am


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