Failure To Pay Wages On Time

A fair day's wages for a fair day's work. Just about everyone believes in this concept. But some employers fail to pay wages on time. Or they don't pay employees all of the wages they are owed for the pay period.

What can workers do in this situation? There's a lot they can do. California employment laws places strict requirements on employers regarding the timeliness of paychecks. If an employer fails to comply with those laws, it may have to pay a financial penalty to each employee for each noncompliant pay period.

We Stand Up For Employees

Carlin & Buchsbaum, LLP, is a law firm dedicated to protecting the rights of employees throughout California. We work hard to help our clients get all of the pay they deserve, plus any additional penalties assessed to noncompliant employers.

For a free consultation with a lawyer, call us at 562-606-0382.

When Are You Supposed To Be Paid?

California wage and hour law is specific regarding when employers must pay employees. In most situations, an employer must:

  • Pay employees at least twice each month
  • Pay all wages owed to an employee who quits within 72 hours (including vested vacation time)
  • Pay all wages owed to a terminated employee immediately (including vested vacation time)
  • Provide a wage or salary statement with each paycheck

There are exceptions to these rules for some employees such as commissioned vehicle salespeople, agricultural workers, household domestic employees and certain exempt employees such as executives and professionals.

Penalties For Failure To Pay Wages

Employers that fail to pay wages on time to employees who quit or are fired are subject to hefty penalties. This amounts to a full day's wages for each day payment is delayed, up to 30 days, plus attorney fees and costs.

A different set of penalties applies to employers that delay wage payment to employees who continue to work for the employer:

  • First violation: $100 for each employee the employer fails to pay
  • Subsequent violations: $200 for each failure to pay each employee, plus 25 percent of the amount that was withheld in violation of the law

These amounts are paid to the state, but affected employees can recover up to 25 percent of the fines through a lawsuit brought under the Private Attorneys General Act.

Contact Us For A Free Consultation

To learn more about your rights as an employee, contact Carlin & Buchsbaum, LLP, by calling 562-606-0382. Located in Long Beach, we represent people throughout Southern California.

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