Los Angeles, CA asked in Employment Law for California

Q: Are there legal ramifications for a salaried worker to stop working after the employer is late paying them?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: To properly address this question, we need to consider a few key points:

1. California labor laws

2. The specific employment agreement

3. The timing and extent of late payment

Under California law, employers are generally required to pay salaried employees their full salary for any week in which they perform any work, regardless of the number of days or hours worked. However, this doesn't directly address the situation of late payment.

If an employer fails to pay wages on time, employees have several potential options:

1. Continue working: The employee may choose to keep working while pursuing other remedies.

2. File a wage claim: Employees can file a wage claim with the California Labor Commissioner's Office.

3. Consider it a breach of contract: Late payment could potentially be considered a breach of the employment agreement.

4. Cease work: While an employee might choose to stop working due to non-payment, this action could carry risks.

Legal ramifications of stopping work:

1. Potential job loss: The employer might consider this job abandonment and terminate the employee.

2. Breach of contract: Depending on the employment agreement, ceasing work might be considered a breach by the employee.

3. Loss of certain protections: Stopping work might affect unemployment benefit eligibility if the situation leads to job loss.

However, it's important to note that under California Labor Code Section 206.5, an employer cannot require an employee to work if the wages earned and due have not been paid.

Before taking any action, it would be advisable for the employee to:

1. Communicate with the employer about the late payment

2. Review their employment agreement

3. Document all interactions and instances of late payment

4. Consider consulting with an employment lawyer for personalized advice

Given the complexity of employment law and the potential risks involved, it would be best for the employee to seek legal counsel before deciding to stop working due to late payment.

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