Employers in California have a legal obligation to pay their employees on time. Employees in the state are protected by law against late and unpaid wages – irrespective of the nature of their work and the industry they belong to.
Whether the payment is made in the form of a fixed salary, hourly pay, piece-rate payment, or commissions, employees have the right to be paid on time for the work they do.
Terms of Payment
While the terms of payment are generally set by the agreement between the employer and the employee, employers are required to follow certain regulations with respect to the wages they pay.
Employers must establish a proper schedule for paydays and let their employees know when and where they will be paid.
If employees are paid on a monthly basis, the salary should be paid on or before the 26th of each month.
If they are paid on a semimonthly basis, the salary should be paid between the 16th and 26th of each month for the work done during the first 15 days and between the 1st and 10th of the following month for the work done during the second half of the previous month.
If the employee and the employer decide on a different type of payment schedule, the wages should be paid within seven days after the completion of a work period.
If your employer intentionally fails to pay you on time, they could be fined $100 for the first violation and $200 for each subsequent violation, along with 25% of the wages they failed to pay.
The Problem of Unpaid Wages
The threat of unpaid wages looms large when you quit your job or get fired.
Generally, when you are terminated from your position, your employer is required to pay your wages in full on the very same day.
If you quit your job, for whatever reason, after giving a 72-hour notice, your employer is required to pay you in full on the last day of your work. If you quit your job without giving a 72-hour notice, your employer is required to pay you within 72 hours from your last day of work.
If your employer fails to pay you in full after your resignation or termination, they are mandated by law to pay a waiting time penalty – a day’s wages for each day of the waiting period. If you are paid 10 days after your termination, your employer is required to pay you for those 10 days of waiting period as well.
How to Recover Late and Unpaid Wages
If your employer is deliberately withholding your wages, you have the right to take legal action against them. We at Makarem & Associates can help you recover every dollar of wages that you are legally owed.
Whether it is your monthly salary, weekly wages, unreimbursed business expenses, and vacation pay, or unpaid commissions, we can make sure your employer pays you in full, along with the appropriate penalties.
The attorneys at Makarem & Associates specialize in labor law and are highly experienced in handling wage and hour lawsuits.
So, if you are not paid on time due to whatever reason, get in touch with us today to discuss your situation and find out what your legal options are. You can contact us at310-312-0299 or at [email protected].