Anticouni & Ricotta | Leaders In Employment Litigation Serving Clients Throughout California.

Taking action when employers fail to pay workers in a timely manner

On Behalf of | May 12, 2024 | Wage And Hour Claims |

There are dozens of laws protecting the rate wage rights of workers in California. Federal laws established key baselines for fair pay, and California expanded on many of those rules. Workers have a right to fair wages, and they also have a right to expect that their employers should pay them in a timely and appropriate manner.

The law establishes a right to minimum wage and overtime time if they work long shifts, many hours or many days in a row without a break. Hourly workers should receive payment in full from their employers for all time worked. They should receive paychecks regularly. Most employers post signage in employee spaces indicating when they issue paychecks, and companies could face penalties for failing to issue checks on time as posted.

Typically, businesses have to comply with that posted delivery date even if issues arise. In California, the law about prompt worker pay is even more explicit than that. How often does a company need to issue paychecks to remain compliant with California payroll laws?

Bi-weekly pay is likely necessary

The law in California prohibits monthly payroll in most cases involving hourly workers and also prevents companies from delaying when a comp worker receives their pay and unreasonably long time from when they earn it. Wages earned between the 1st and 15th days of each month require payment to workers by the 26th day of the month.

Employers must also issue paychecks for any income earned between the 16th day and the end of the month by the 10th day of the following month. There are exceptions for exempt workers, such as those receiving an adequate salary. Those employees could receive monthly pay without violating state law, provided that companies issue their wages no later than the 26th of the month.

Unreasonable delays in issuing paychecks are one of many potential payroll violations that could lead to wage claims against a business. An organization accused of unreasonably delaying a worker’s paycheck might be at risk of litigation brought by frustrated employees.

Learning about the laws that govern wage obligations in California can help workers recognize when they may have valid grounds for a wage claim against their employers. Workers who communicate with one another can potentially also band together when addressing misconduct on the part of a business.

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