Q: Can a employer hold a scheduled paycheck with informing employee of why?
My daughter is employed with a security company on 08/10/19 she was contacted prior to her shift and told not to come in there were going to change her site since then she has called HR several times to find out what's going on her paycheck which was due last Thursday via direct deposit was never rcvd and every she calls to find out what's going she cant get in touch with anyone who knows anything what should she do?
A:
In California an employer must post its regular pay days and must pay on those posted days. A failure to do so is a violation of the California Labor Code. However, the Labor Code fails to include any specific remedies for employees who are victims of this violation if the violations are not part of an unlawful business practice. In other words, when an employer fails to pay on time for unique reasons or on an irregular basis, the only remedy the employee has is to commence an action, either with the CA Labor Commissioner, or in court, to seek the pay that has not been provided, plus interest on the money from the date it should have been paid - a very small amount.
Now, if your daughter has been terminated, the employer will likely also be responsible for paying waiting time penalties associated with the willful failure to timely pay the final paycheck. However, assuming this is just a one-time glitch, patience and diligence is likely her only real effective approach.
Good luck to you and to her.
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