If your employer has not paid your wages on time and it is a first time occurrence, the best practice is to contact your employer and request immediate payment in writing. If your employer fails to pay your wages after your request, you can either contact an employment attorney and/or report the violation to the California Labor Commissioner. If liable, the employer can be forced to pay your wages plus penalties, attorneys’ fees, and costs of a lawsuit.
How do you know if you have been paid on time? Under California law, your employer must pay you at least twice per month. Wages earned between the 1st and 15th of the month must be paid by the 26th of that month, and wages earned between the 16th and the last of the month must be paid by the 10th of the following month. If your employer has a different payroll period, such as weekly, biweekly (every two weeks), or semimonthly (twice per month) where the earning period is something other than between the 1st and 15th, and 16th and last day of the month, you must be paid within seven calendar days of the end of the payroll period within which the wages were earned. Note that overtime wages must be paid by the payday after the payroll period in which the overtime was earned.
Because each situation is different, it is important to speak to an experienced employment attorney about your situation. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.
Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.