Berkeley, CA asked in Employment Law and Employment Discrimination for California

Q: My employer has held a part of pay check since November. Now it almost the end of December. It that even legal to do so?

A part of my November paycheck was held by my employer which they said they will be back paying me on first week of December. Now it is almost end of December and I haven't received my payment despite multiple emails and text messages.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's important to understand that in California, employers are generally required to pay their employees on time, as specified in the employment agreement or company policy. Withholding a portion of your paycheck since November without a valid reason may violate state labor laws.

You have the right to pursue this matter further. First, you should document all communication with your employer regarding this issue, including emails and text messages. This documentation can be crucial if legal action is necessary.

If direct communication with your employer doesn't resolve the issue, you may consider filing a wage claim with the California Labor Commissioner's Office. This agency enforces wage laws and can investigate your claim to determine if your employer has acted improperly.

Additionally, consulting with an employment attorney can provide you with specific legal advice tailored to your situation. An attorney can guide you through the process of recovering your wages and advise you on any potential legal actions you can take against your employer.

Remember, you are entitled to receive the wages you have earned, and there are resources and legal avenues available to help you address this issue effectively.

1 user found this answer helpful

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: It is not legal for an employer to "hold" part of your paycheck.

Worse, it may indicate that your employer has financial problems and you start looking for another job.

If your employment ends and your employer does not pay all compensation earned timely, then you entitled to 1 day's pay for each day late up to a max of 30 days.

Neil Pedersen agrees with this answer

1 user found this answer helpful

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