Q: In california, can my employer legally not give me my wages if I don't sign a paper every week

A: Your employer must pay you the wages you earned, and generally may not create additional conditions for you to receive your wages.

You are also entitled to accurate pay, and to timely off-duty meal and rest breaks. Your employer cannot fire you for asserting that you did not take the breaks to which you are legally entitled or that you are owed additional pay. I suggest contacting an attorney so that he or she can review your exact circumstances and properly advise you.

Best regards,

Michael Malk

A: No your employer cannot force you to do anything to get your paycheck. And they are doubling down on the unlawful conduct if they are forcing you to sign a document that affirms untrue things before you get your check. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: ABSOLUTELY NOT. But, don't let that stop you from signing the document to get your check, the document becomes meaningless. In the law there is the concept of "duress" which can be physical, emotional or financial. When Don Corleone said "Your signature or your brains on the contract." that was duress. Same for- Sign this or you don't get your paycheck. As Neil said, you are entitled to your paycheck without having to do anything for it. But many employers that are STEALING YOUR WAGES are making their employees sign papers that are false time records.

Here is what I suggest for you: When the employer does this ask: "If I don't sign this can I still get my check?" When they say "NO." go ahead and sign, take the check and make a note on a separate piece of paper, the date, time and name of the person that said that. Get your co-worker to ask the same thing and get the same information. (we always get asked, when did they tell you that? Who told you? and most employees never write it down, so they give vague answers, if you have specific answers it is better.) Do this on more than one payday. If they get irritated and say "Are you stupid, I told you before you sign or no check!!" So much the better for you. Try to have a witness.

As soon as possible after you get the paycheck you should make a written note of what you claim were the correct hours, and whether you got meal periods and rest periods during the time periods. Do it on a calendar every day when you get home. WE LOVE RECORDS LIKE THIS!!!!! Very few people make or keep them.

You need to contact an employment attorney to discuss this, look for a wage and hour specialist. Try to find out how many other co-workers are in the same situation. This is a VERY COMMON PROBLEM in certain industries, like Car Washes. You could be involved in a class action. It is important for you to act promptly because you are subject to a "rolling statute of limitations" which means you can only reach back so far to get unpaid wages and overtime, and every day you delay you lose a historical day of your claim.

You can also file a complaint with the Labor commissioner, they don't do bad for some cases, however, you need to have good evidence. Take a photo of the sign that says hours of operation (store open/close hours usually posted on the front door) If you have to work off the clock, keep track of that on a calendar. Records, records records. Very important but cases have bee brought and won without them. Good luck.