Legal Question in Legal Ethics in California

Our paychecks have been consistently bouncing for a couple of months now. Usually we're immediately issued a replacement check that goes through without a problem. Two weeks ago however, everyone's checks bounced and the replacement checks have too. Today is payday. We still haven't been paid from two weeks ago, we know there is no money to cover today's checks, and out penalty checks are "on hold". According to the labor board those penalty fees are not optional, but is there a time frame in which they have to pay them? How long can they go without paying us our regular wage? What options do I have to get this money faster, and what happens to us if the company declares bankruptcy? Thank you for your time.

Asked on 1/25/13, 8:39 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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This is not the appropriate category for this question. This category is for the rules and laws that apply to the practice of licensed attorneys. The better category for your question is labor or employment law.

The short answer to your question, however, is that you are not supposed to wait even one day to be paid when your wages are due. Your options are to get an attorney, and perhaps file a claim with the labor commissioner.

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2/12/13, 1:00 pm

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