Legal Question in Employment Law in California
Employer not paying raise
Hello,
My friend works for a company and she was given a raise to be effective October 1, 2004. She is paid every 2 weeks (1st/15th). To date, she has not received any increase in her paychecks. She has been paid 4 checks since the raise was to take place and none reflect her new pay. Her boss says H.R. is dragging their feet and assures her she will be paid all of the backpay in a lump check shortly. In the meantime, what can she do to force them to pay her?
Is there a specific Labor code on this issue. Thank you.
2 Answers from Attorneys
Re: Employer not paying raise
Assuming your friend has an enforceable contract for wages at the new rate of pay (as opposed to some vague statement about what the company would like to do), your client could file a wage claim with the Labor Commissioner but I question the wisdom of trying to "force" them to pay her.
Pay raises are recognition of good work. Does your friend really want to risk alienating this company by making a legal issue out of it? I would advise her to give them some more time to see if they are good to their word. If it becomes apparent that they have no intention of paying her at her new rate, she can always go to the Labor Commissioner up to three years after the wages are due.
Re: Employer not paying raise
Your friend is entitled to her full salary. Pragmatically, if she starts raising a ruckus, someone will be in the dog house, though it's illegal to retaliate against someone making a wage claim. When your friend has had enough, I'm sure she'll do the right thing. See, for example, Labor Code � 204, which states that all semi-monthly pay is due on the dates designated.
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