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spyguyluke
01-08-2007, 06:02 PM
On the 29th of December I noticed my pay check was missing hours. I work retail and this was the paycheck for the Christmas season. We worked overnight shifts with the trucks and was told to sign our times on a piece of paper. Noticing I was missing hours I had them print my hours worked to see they had "lost 5 days of work including much overtime. I told the managers this and wrote out the hours missing. They said they had to call corporate to get it fixed. It is now the 8th of January and still I have not received the missing pay. Are their any rules or penalties enforcing speedy payment of missing wages?

Villain
01-08-2007, 10:53 PM
Is there a "good faith dispute" as to whether or not any additional hours pay is actually due?

spyguyluke
01-08-2007, 11:47 PM
They already acknowledged their mistake. And say the delay was due to the holiday.

Villain
01-09-2007, 12:02 AM
They should've already corrected it. You may be entitled to waiting time penalties.

Pattymd
01-09-2007, 03:56 AM
I'm not sure waiting time penalties apply to anything but the final check. Megan?

Megan Ross Hutchins
01-09-2007, 10:58 AM
No, there are no penalties available.

Villain
01-09-2007, 06:59 PM
So what is to make an employer correct mistakes in a timely fashion? or issue paychecks in a timely fashion? Waiting time penalties do not apply in order to deter employers from not paying on time or correcting underpayments in a timely manner?

DAW
01-09-2007, 07:37 PM
The "termination" provisions are CA labor code section 202. The penalties for a "normal" late payment of wages due is CA labor code section 210.


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

Quotes from the California Labor Code. First # is the labor code section.

202. If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other provision of law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting."

204. All wages, other than those mentioned in Section 201, 202, 204.1, or 204. 2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays.

207. Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article.

210. In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each employee as provided in Sections 204, 204b, 204.1, 204.2, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:
(a) For any initial violation, fifty dollars ($50) for each failure to pay each employee.
(b) For each subsequent violation, or any willful or intentional violation, one hundred dollars ($100) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.
The penalty shall be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. All money recovered therein shall be paid into the State Treasury to the credit of the General Fund.

Megan Ross Hutchins
01-10-2007, 10:38 AM
So, unless you can convince the Labor Commissioner to go after 50 bucks for the State of Cal general fund, there is absolutely no incentive for employers to pay their current employees on time. Of course, employee turnover will be high if they choose to do this.

DAW
01-10-2007, 01:25 PM
If we are talking about a single violation against a single employer, agreed. Of course bad employers are often frequently bad, and all it takes is one unhappy employee on their way out the door to alert CA-DLSE to potential multiple violations.

Also, not my area of exertise, but the same unhappy employee might just try filing a small court claims.

Megan Ross Hutchins
01-10-2007, 02:06 PM
DAW, the problem is that either the wages will be paid by the time the case goes to trial, or the employee won't work there anymore and waiting time penalties will apply.

The employee doesn't get the penalty, so they can't go to small claims court for that.

DAW
01-10-2007, 04:13 PM
I was apparently unclear on what I said. My apologies. Let me try again. I will withdraw my small claims court comment. What information I have on that route I have not confirmed and should not have mentioned it. Mea Culpa.

You originally said "No, there are no penalties available" to the other then termination checks.

I quote CA labor code section 210 which says otherwise. Your response was "unless you can convince the Labor Commissioner to go after 50 bucks for the State of Cal general fund, there is absolutely no incentive for employers to pay their current employees on time. "

My response was "If we are talking about a single violation against a single employer, agreed." But bad employers are frequently bad more then once.

I worked for a California manufacturing company in the 1980s who got hit with exactly that penalty from complaints made by current workers. They found that particular labor code to be an "incentive" to pay their current employees on time.

If employers are violating this law, do you feel that their employees should report them?

Megan Ross Hutchins
01-10-2007, 04:21 PM
I'm sorry, I should have clarified that "no penalties available" meant penalties to the poster, not that there were no fines that employer might eventually have to pay.

Sure, they should report it. And I would strongly advise companies not to ignore this law just because it is hard for individuals to get a remedy. But I am extremely cynical about a government agency actually doing anything about it, and I don't want to raise the hopes of employees who aren't getting paid.

spyguyluke
01-10-2007, 07:54 PM
Thanks guys for the advice.
I suppose sometimes you just cant win.:rolleyes:
Ill besure to follow up the best I can.

DAW
01-11-2007, 08:45 AM
Have you received the missing pay? Being paid late is one thing. Not being paid at all is something very different. You do have recourse if you have not been paid at all.

Villain
01-11-2007, 08:15 PM
How the hell so? If you can't pay rent, etc. being paid late may be "too little too late".

DAW
01-12-2007, 09:02 AM
How the hell so? If you can't pay rent, etc. being paid late may be "too little too late".

Because as was previously discussed, the OP has legal recourse for not being paid, but does not have legal recourse for being paid late except in a termination situation.

Villain
01-12-2007, 10:12 PM
Oh I see what you meant now. It looked as though you were saying that being paid late was not that big of a deal. Sorry for the misunderstanding.

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