Legal Question in Employment Law in California
I started work as a contingent worker for a company on January 17th. I was supposed to be paid today the 26th for the previous weeks work but the company is claiming they did not recieve my timesheets (which I have proof they did) and now are not willing to pay me until next week on the 2nd. Is that legal?
1 Answer from Attorneys
I do not know what a "contingent" worker is but if you are considered, by law, as a non-exempt (hourly) employee, employers must pay you no less than twice a month and no later than 11 days after the end of the previous pay period. For example work performed between the first and fifteenth of the month, must be paid between the sixteenth and twenty-sixth of that month. Not receiving your timecards is no excuse for an employer's failure to pay because it is their responsibility to keep track of your time.
If this is a one time mistake on the part of the employer, I would let it go. If it is a recurring problem, you can file a complaint with the California Labor Commissioner, Division of Labor Standards Enforcement.