Legal Question in Employment Law in California

I work full time as a security guard on the graveyard shift. My schedule is Saturday-Wednesday from 11th:00-7:00am w/Thursday & Friday my days off I recently requested to trade Saturdays w/another guard. The following week I went to work on Saturday @11:00pm-7:00am also Sunday.Monday.called off on Tuesday then worked Wednesday&Thursday then got Fridayand Saturday off. On payday my check was short 7 hours.when I called to find out about it he said payroll ends on Thursday at midnight. I said OK so the 7 hours will be on the next check and he said no the company will owe it to you. He said if you quit or get fired they will owe you those 7 hours. Maybe I'm missing something but it doesn't make; sense to me. Is this legal?


Asked on 2/01/13, 5:39 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

There are strict timing rules as to when an employer must pay for hours worked. Your employer cannot hold your pay for these hours until the time you leave the company. California Labor Code Section 204 sets out the rules that should apply in your case.

Your remedy is either before the California Labor Commissioner, or in small claims court, should your employer continue to violate this rule.

Best of luck to you.

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Answered on 2/01/13, 6:42 am


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