Legal Question in Employment Law in California
Paychecks by Mail Arriving After Payday
I live and work here in California for a new employer headquartered in Texas. I was told today that my paycheck which is due tomorrow will be mailed today 1st class. When I insisted that the paycheck be here tomorrow on payday, I was told that if I wanted to pay $20 for overnight delivery, they would do it.
I told them that from my past experience, California labor law requires that the check be in the hands of the employee no later than end of business on payday. They say the aren't subject to CA law. Who is right, what is the labor code covering this and what are the penalties?
2 Answers from Attorneys
Re: Paychecks by Mail Arriving After Payday
Your company is subject to California law, which requires non-exempt employees to be paid no less than twice a month, and no later than the 10th and the 26th of each month. The first violation of this law subjects the employer to a $50 penalty. Each subsequent willful violation is a $100 penalty.
Re: Paychecks by Mail Arriving After Payday
Labor Code Section 210 provides a penalty for failure to pay wages when due of $50 for the initial violation and $100 for each subsequent violation. The penalties go to the State of California. You can file a claim with the State Labor Commissioner. The employer in INCORRECT as to applicable law. California law will apply.
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