Legal Question in Employment Law in California
I have been working for a company for 3 months and today they tell us that they have withheld 3 days pay so that when you decide to leave you will have more money. However they say they will hold it even if we stay for another 5 years. Is this legal in the state of California?
3 Answers from Attorneys
I would have to see exactly how payroll is calculated for your company to be sure, but at first blush it seems likely that the policy is unlawful.
A good summary of the law in California on this issue is here: http://www.dir.ca.gov/dlse/faq_paydays.htm
If your company is in violation of the law on this issue, you may have a right to bring an action on behalf of all your company's employees pursuant to a law commonly known as PAGA (Private Attorneys General Act). You would need to personally speak with an attorney about filing a PAGA claim, however.
Please let me know if I can be of more assistance.
It is unlawful for a CA employer or company in another state which employes individuals within CA to withhold a paycheck for any reason. It is unlawful for the company to take 3 days' pay and "hold" it until you leave the company. 949-481-6909.
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