Q: I work remote for a California based company. Paydays are on Friday, but I am often paid late -the following Monday.
In latest incident I will be paid the following Wednesday after deemed Friday payday. Are they violating labor law 204? & the Friday payroll day is 1 week after payroll close, so now an additional 5 days to wait to get paid. Pay periods are every other week.
A:
You ask a question where there is no answer. If the company is going to retaliate against you for invoking your rights under the Labor Code, the only way to avoid the retaliation is to not make the complaint.
It would be unlawful for an employer to retaliate against you for such a complaint, but retaliation can come in many forms, some of which are very hard to prove.
You need to determine the chance you will be retaliated against, and then determine if getting your pay late is worth the risk.
Good luck to you.
A: Labor Code 204 only requires bi-monthly payments of wages, that is twice a month. You appear to be paid weekly (weakly?). In addition, Section 204 states: "(d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if the wages are paid not more than seven calendar days following the close of the payroll period." Also, look at 204b- applying to weekly paid employees, they have 7 days after the regular pay day to pay you. Your facts don't state whether the Friday payday was for that week or the previous week. From all that you have stated and reading ALL the sections, it appears you fall under 204b, and are being paid timely. But additional facts could lead to a different conclusion, you should consult with a wage and hour attorney regarding ALL the facts of your situation to get a definitive answer. The opinion stated herein is based only on the facts that you provided above and you should not rely on this without further investigation and legal consultation.
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A: In California, employers are required to pay employees promptly and on designated paydays. If your employer consistently pays you late, it may be a violation of labor law. Review your employment agreement and company policies, then discuss the issue with your employer to seek clarification and find a resolution. If the problem persists, consulting with an employment attorney can provide further guidance based on your specific situation and the applicable labor laws.
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