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Paycheck practices violate California labor law?
I have a problem with my company, which I am reluctant to bring to them...
I get paid for work done from the 26th to the 10th on the 25th of the month, and work done on the 11th to the 25th on the 1st of the following month.
Every 3 months, our office closes for one week. We cannot get our paychecks that week, unless we want them mailed. If they get lost in the mail, we have to pay the company's check cancellation fee and wait weeks before a replacement check is offered.
When the checks are mailed, they do not arrive on payday. They often arrive late, and I haven't gotten the one due on the 1st yet.
I looked at the California Labor Code, Section 204. Here is what I understand from it:
1. The pay schedule is not in compilance. Work done from the 1st to the 15th has to be paid no later than the 26th... But I only get paid through the 10th. Similarly, all work done from the 16th to the 31st must be paid no later than the 10th... I only get paid through the 25th...
2. Paydays have to be designated as the "actual" payday. Making me arbitrarily wait until someone gets to a mailbox, or wait until the vacation is over seems to be braking the concept of a regular, designated payday.
3. Notice of when paychecks will be given must be posted somewhere (it isn't)
4. Forcing me to pay a fine in order to receive a replacement check when one is lost in the mail seems unfair, and illegal. Why do I have to pay a fine for being paid late?
This is a medium-sized company-- 5 branches, with about 80 full-time employees, and another 80 part-timers.
Am I incorrect in believing this is in noncompliance with the law?
These holidays, when we must get a late check, or have it mailed (late) has created some hardships for me and other employees. I would like to alert the company to their noncompliance (in a stealthy way that won't get me fired), but first I want to make sure I am not misreading the law...
Can any attorney or someone knowledgeable of California labor laws clue me in? Many thanks in advance.
Additional info--
Don't get me started on direct deposit. The company doesn't offer it because the girl the boss screws behind his wife's back accidentally direct deposited an extra $30K into an employees account (which was returned).
Instead of firing her, the company ceased offering direct deposit and refuses to consider it.
So I am stuck with manually receiving the check, or getting it mailed.
Plus- I still need to know if the pay schedule is in non complaince of the law, if making me pay a fee for a late check is in non compliance, and if mailing checks after the "scheduled" payday is non compliance.
5 Answers
- michrLv 71 decade agoFavorite Answer
if you think they are in non-compliance contact the state.
part of your "understanding" is correct but part of what you seem to understand is incorrect.
do you really get paid on the 25th and the 1st?
that is strange.... if that is when you get paid then there may be an issue that needs correcting.
there are exceptions to the pay-day laws for when the office is closed. the Department of Industrial Relations, Division of Labor Standards Enforcement could clarify that for you.
checks mailed do not have to received on pay-day but they must be postmarked by that day. how late do they mail them?
charging you a fee for a lost check may very well violate section 212 of the labor code.
http://www.leginfo.ca.gov/cgi-bin/displaycode?sect...
there seem to be some definite issues with this employer and it seems some of what they are doing is within he law,
SO
You should contact the Division of Labor Standards Enforcement and explain that your employer is not paying you on the regularly scheduled paydays. DLSE will assist you by explaining the law to your employer. Failure to post the payday notice required by Labor Code Section 207, and failure to pay wages in good funds on the regular designated payday as prescribed in Labor Code Sections 204, 204b, 205, and 209, respectively, is a misdemeanor. Labor Code Section 215
- 6 years ago
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RE:
Paycheck practices violate California labor law?
I have a problem with my company, which I am reluctant to bring to them...
I get paid for work done from the 26th to the 10th on the 25th of the month, and work done on the 11th to the 25th on the 1st of the following month.
Every 3 months, our office closes for one week. We cannot get our...
Source(s): paycheck practices violate california labor law: https://shortly.im/1zyX9 - kwflamingoLv 61 decade ago
Why don't you just set up a direct deposit with your bank? This way the only thing that will go through the mail is a receipt. The money will be in your account - and available on your pay day.
