Legal Question in Employment Law in California

I am working for a Property Managment Company,doing home repairs.They refuse to pay me the amount for the work done until the full rent is paid from the tenant on the property.Is this legal?


Asked on 3/12/14, 9:41 pm

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

I assume that you are an employee, and not an independent contractor.

Employees are required to be paid at least twice a month. The Labor Code sets out the timing, which is a little bit complicated to explain in a forum like this. The time for payment cannot be delayed simply because the employer is waiting for money from a third party.

It is not possible to tell if the delay in your case pushes you outside the window of time your employer has to pay you. This web page may be of help: http://www.dir.ca.gov/dlse/faq_paydays.htm

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Answered on 3/13/14, 6:20 am
Kristine Karila Law Office of Kristine S. Karila

If you are an employee, no they may not withhold your pay with a condition such as receiving payment from a tenant. If you are an independent contractor, when you are to be paid is governed by your contract. Whether you are an employee or indep. contractor depends on the amount of control, if any, the company has over the way you perform your work.

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Answered on 3/13/14, 11:26 am
Terry A. Nelson Nelson & Lawless

No. Not if you are an employee. You can file an unpaid wage claim with the Labor Commissioner, or file a civil suit for the wages, penalties and interest due. You should probably hire an attorney to help you, either way.

If you are an independent contractor, then you have whatever rights are specified in your contract with them. You do have a written contract, right?? You can sue if necessary to claim your money owed.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible.

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Answered on 3/13/14, 12:10 pm


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