Clovis, CA asked in Employment Law for California

Q: question about salaried employee pay check

My company was purchased by another company. The last paycheck was received on Monday and covered the 20th of March to the 31st (normally the pay period end would be 4/2) The salaried employees received a check covering 64 hours instead of 80) I worked Sat and Sunday not knowing they were only paying until 3/29. should they have paid me 80 hours, or is 64 correct. the policy is Salaried employees are paid full pay regardless of days and hours worked. The payroll dept and area manager tell me that The new company begins 4/1 and are responsible to pay 4/1 and 4/2 which would have been the last 2 days of the pay period. But I am salaried so no matter the days and hours worked the check will be the same. Legally, should they have paid 80 hrs. The hourly employees in the company who worked the weekend were paid for the hours worked.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: In a situation like this, you are entitled to pay from the prior company that is probably now defunct up through the last day you worked for that company. Then you are entitled to be paid in due course by the company that you now work for, which is not the same company as you worked for last month.

Your new employer has a designated number of days in which to pay you for the work you performed for it in the last two days, but it is not obligated to pay you immediately. It can wait for the normal payroll cycle that it has set for its company. If those two days do not get compensated by the new employer, you can then turn to the Division of Labor

Standards Enforcement to seek your pay. At this point, ask your new employer when the pay day will be.

Good luck to you.

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