Q: Can a payroll company make me wait for my check?
A month and some change ago I asked a payroll company for wages that I had not received that were due 2 years ago. Now they're saying I have to wait up to an additional 180 days to receive my funds, is this legal or do I have standing for a wage claim?
A:
Under California law, employers are required to pay all wages due to an employee immediately upon termination or within 72 hours if the employee has given more than 72 hours' notice of their intention to quit. If an employer fails to pay on time, they may be subject to waiting time penalties.
However, your situation is a bit more complex since the unpaid wages are from two years ago. Here are a few things to consider:
1. Statute of limitations: In California, the statute of limitations for filing a wage claim is three years from the date the wages were due. If your claim is within this time frame, you can still pursue it.
2. Reasonable processing time: While the payroll company should not unnecessarily delay your payment, they may be allowed a reasonable amount of time to process the request, especially if it's an older claim.
3. Wage claim: If you believe the payroll company is unlawfully withholding your wages or unreasonably delaying payment, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE).
Given that the payroll company has stated they may take up to 180 days to process your payment, this seems like an unusually long time. You may want to contact the DLSE to discuss your specific situation and get guidance on whether filing a wage claim is appropriate. You can also consider consulting with an employment law attorney to assess your case and advise you on the best course of action.
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