In the past, we’ve discussed California wage law numerous times, mostly with regard to topics such as minimum wage or fair and proper pay for all the hours you worked. Employers have some obligations, for example, to pay workers for overtime. One thing we might not have covered is the fact that employers also have to make payments to employees as agreed upon when the employee was hired.
In fact, California law requires employers to post payday notices as part of a series of legal notices that include minimum wage postings, safety and health notices and whistleblower protection notices. According to the California Labor Code, many employers have to post a payday notice in an employee common area, such as a break room. The notice should include the schedule of paydays or the list of paydays so that employees know when to expect a paycheck.
Employers cannot hold back paychecks for disciplinary or retaliation reasons. While there are some cases, typically controlled by previous agreements and contracts, where an employer might deduct certain amounts from paychecks or from a last pay check, employers can’t usually withhold a last paycheck either, though they can mail a physical check instead of having a person pick it up.
If you feel that an employer is making it difficult for you to receive your paycheck regularly and as agreed upon, then you might have a legal case against the employer. This is especially true if you feel that you are being paid for less hours than you work or if you feel the employer is withholding your paycheck in retaliation for reports of issues such as fraud or sexual harassment.
Source: Free California Labor Law Posters, “Required California Labor Notices,” accessed March 30, 2016
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