Hi there everyone,

I was wondering how long your OT can be held by a company in CA. I was under the impression that it is only 2 weeks. Here is the scenario, I am a non-exempt employee that gets paid bi-monthly. on the 15th and the 30/31. My ot is not paid during that same period. ie..paid for 86.6 hours on the 30th but the OT on the chk is from the 15th period. So here is the ?, If my employer forgot to put my OT on my chk, can they put it on my next chk in general ot from 4 weeks ago and from2 weeks ago.:confused:

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

"Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned. Labor Code Section 204 Only the payment of overtime wages may be delayed to the payday of the next following payroll period as the straight time wages must still be paid within the time set forth in the applicable Labor Code section in the pay period in which they were earned; or, in the case of employees who are paid on a weekly, biweekly, or semimonthly basis, not more than seven calendar days following the close of the payroll period."

Thank You:)

And hence, one of the problems with a semi-monthly pay frequency for nonexempt employees. Assuming, for example, that your work week is from Monday through Sunday. The last full workweek in the pay period ending November 30 was November 26. So, the earliest it could be paid would be that pay period ending. I'm not at all positive that not paying it until the pay period ending December 15th would be a violation of California law, since the law does provide for overtime being paid on the following paycheck.