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Thread: Payday falls on Sunday AND Monday is a holiday California

  1. #1
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    Question Payday falls on Sunday AND Monday is a holiday California

    I have a question as to when a California employer is required to give out payroll checks to employees based on the following example.

    The company pays semi-monthly on the 15th and last day of the month. If the payday falls on a Saturday, the employee is paid on Friday. If the payday falls on a Sunday, the employee is paid on Monday.

    The company observes the 6 major holidays. This year, December 31 falls on a Sunday. This would be the employee's payday. Under normal circumstances, the employee would be paid on Monday. However, THIS Monday happens to be January 1st-an observed holiday (and a new calendar year).

    My question is, when is the employer required to pay the employee? Can they delay the checks an additional day to January 2nd? As it is the employee is already waiting a day "after" the payday because it fell on a Sunday.

    Thank you for your replies.

  2. #2
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    Quote Originally Posted by amw1020 View Post
    I have a question as to when a California employer is required to give out payroll checks to employees based on the following example.

    The company pays semi-monthly on the 15th and last day of the month. If the payday falls on a Saturday, the employee is paid on Friday. If the payday falls on a Sunday, the employee is paid on Monday.

    The company observes the 6 major holidays. This year, December 31 falls on a Sunday. This would be the employee's payday. Under normal circumstances, the employee would be paid on Monday. However, THIS Monday happens to be January 1st-an observed holiday (and a new calendar year).

    My question is, when is the employer required to pay the employee? Can they delay the checks an additional day to January 2nd? As it is the employee is already waiting a day "after" the payday because it fell on a Sunday.

    Thank you for your replies.

    Ask payroll. Most would pay on the 30th, as they don't want to face the mess after a major holiday.

  3. #3
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    Legally, wages earned from the 16th to the 31st have to be paid by the 10th, so there is no problem legally with getting paid on the 2nd.
    Megan E. Ross, Esq.
    Law Offices of Michael Tracy
    http://www.gotovertime.com

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

  4. #4
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    I did read in another publication that the wages must be paid by the 10th. My concern is that if the POSTED and WRITTEN designated payday is the 31st (with the employee's prior understanding that if it falls on a Sunday the employee would be paid on Monday), is it still legal to wait an additional day to pay the employee?

    Of course, if it is legally ok to wait an extra day, as an employer, we would inform the employees ahead fo time as a courtesy.
    Last edited by amw1020; 10-26-2006 at 12:09 PM.

  5. #5
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    I couldn't find anything in the CA Labor Code requiring payday be accelerated if the scheduled day falls on a banking holiday.

  6. #6
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    Thank you for your responses and insight. It seems as though there is no "rule" other than by the 10th.

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