Pay Day is 1st and 15th, but Employer 'holds back' 2 weeks.

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Latest post 04-13-2010 4:03 PM by PattyPA. 8 replies.
  • 04-13-2010 12:51 AM

    • Levack
      Consumer
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    • Joined on 04-13-2010
    • CA
    • Posts 3

    Pay Day is 1st and 15th, but Employer 'holds back' 2 weeks.

    First, thanks in advance for any advice.  I am starting work on April 19  in California.  The employer's paydays are the 1st and 15th.  I learned today, that they 'hold back' two weeks pay, and that I won't see my first paycheck until May 15th, and it will be for work done April 16 through April 30th.  That seems absurd to me, to work for one month before seeing a check.  They then offered to pay me one of the weeks work on the 1st, but it would be considered an 'advance' and would have to be paid back over the next 3 pay checks.  The home office is in Florida, although they say they are familiar with California law.  I can only find the labor law Section 204 that talks about having to pay me twice a month at least, but it doesn't say if it has to be for the prior two weeks work, or in this case, paying me May 15h for the last two weeks worked in April.  Thanks again. 

  • 04-13-2010 3:59 AM In reply to

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    Relative to a semi-monthly pay frequency:

     "Wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month."

    http://www.dir.ca.gov/...

  • 04-13-2010 8:14 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,979

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    It would seem that the entire pay practice is several days too slow under CA law---but be that as it may--in a down market , if the only issue is that pay lags about 5 days from what the law requires , I might not rush to debate it lest I was first to be fired next week. .

    The wage hold back seems to violate law but again I might not chose to invite being first to get fired next week.



  • 04-13-2010 10:23 AM In reply to

    • Levack
      Consumer
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    • Joined on 04-13-2010
    • CA
    • Posts 3

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    Thanks, I hear what you are saying.  In this case, the company I retired from has requested I return as a contractor for a few years.  This payroll company was one of three of the preferred 'vendors' my former employer uses for contract employees.  I realize they are paying 5 days later than the CA Labor Code requires.  Since they are an out-of-state employer, perhaps that is how they get around it.  Any way, thanks again for your feedback.  I can at least avoid being fired, as I brought the job to them to represent me, but didn't ask enough questions up front about paydays.  Lesson learned!

  • 04-13-2010 10:40 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 48,979

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    Pay delay aside--are you a W-2 or 1099 person   and who is the employing entity? And where physically do you work--home-vendors-use... customers site etc.

    Some of the contract stuff works well--some of it is way to far into grey area .

    I'm not saying not to take all the money you can while sun shines!  Jut to know what makes sun shine!



  • 04-13-2010 11:51 AM In reply to

    • Levack
      Consumer
    • Not Ranked
    • Joined on 04-13-2010
    • CA
    • Posts 3

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    I am a W-2, and the employing entity is the out-of-state company.  The corporation I retired from will lease my services from the out-of-state company.  I am physically in California and working on the customer's corporate location where I retired from. Thanks!  Appreciate your time.

  • 04-13-2010 12:06 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,979

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    Pay attention that at the end of the need for your services you as an employee are ordinarily entitled to collect UC-so long as you are available for work and seeking work (on paper anyway)

    Some contract services can get a bit cute at end game to seek to deny you UC say by offers of lesser employment 60 miles away  or tricky words to suggest you "quit." . Just be alert.

    You seem up on general topic--stay there. Good Luck

     

    And keep in mind that if you need to escape CA's opressive taxes and reside elsewhere --to seek work and serve for a modest time  even the most unrelated of jobs  of serving coffee at Starbucks may make your  relocation expenses tax deductible.  Read the tax rules



  • 04-13-2010 2:50 PM In reply to

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    At least you are being told this in advance so you can prepare for it.

    And I agree with Drew that griping about the 5 extra days in your first month on the job would be the kiss of death.

    On the other hand, if you want to anonymously report this violation to the EDD, the state might step in and convince your employer to put a stop to it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-13-2010 4:03 PM In reply to

    Re: Pay Day is 1st and 15th, but Employer 'holds back' 2 wee...

    Well, it would be the DLSE, not the EDD, but an anonymous complaint is going to the bottom of the pile.  And from what we've heard, California is understaffed, with unknowledgeable employees, no overtime and furloughs.  Honestly, this would go nowhere for months.

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