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Time sheet California

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  • Time sheet California

    Hello:

    what is legally the maximum number of days an employer has to pay an employee for their hours worked? For example if an employee turns in his or her hrs on monday, what is the maxiumum number of days the employer has to pay them by? Do these include weekends or business days only?

    California

  • #2
    Wages earned 1st-15th of month, pay by 26th; 16th-31st, pay by 10th of next month; exempt employees by 26th of month for entire month (safe harbor: within 7 days after pay period)
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      How often do you get paid? What is the pay period ending in relation to the check date? Why is this an issue? Are you late recording your time?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        For weekly and bi-weekly pay periods, you must be paid no later then 7 days after the end of the pay period. This includes weekdays, weekends, and holidays. (Caveat: your regular payday may be postponed if it falls on a holiday that your employer observes by being closed that day.) Your employer must establish and post a payday notice. He may not just pay you anytime within the timeframe. In other words, he must stick to one regular scheduled payday.
        My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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        • #5
          Originally posted by Villain View Post
          paid no later then 7 days after the end of the pay period.
          And that is the key to the OP's question. It is not a function of days after you work, but days after the end of the pay period. If it is seven days after the end of a bi-weekly pay period, you could be paid for one day of work on the very beginning of the pay period in 20 days.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            And since the OP hasn't answered the original question I posed, we don't know WHAT the intent of this question was. At this point, it appears we're kind of just trying to guess what the real issue is.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              To PattyMD ( and others)
              Thank you.

              Sorry for the late reply. I get paid usually the next day after I turn in my hours. But my employer wants more time to check the hours and issue the paycheck. So I was wondering how many days after receipt of the timesheet can he legitimately take in order to issue the paycheck? I understand from the above replies, he has 7 days ( and depending on the pay period even upto 10 days) including weekends. If the pay day falls on a major holiday like Christmas when everyone knows the office is shut, I understand he can legitimately pay me the following day.

              If I am wrong, please let me know.

              Thanks
              Last edited by pmg; 02-16-2007, 12:02 AM. Reason: adding

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              • #8
                Also my pay period ends on friday and I turn in my hrs on monday and get paid on tuesday. So as if I am correct, he has until the following friday to pick a day to pay me.

                Thanks

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                • #9
                  Yes, that is correct. He needs to establish a regular payday though, he cannot not just pay you anytime within the seven days after the pay period.

                  To add to the caveat about holidays: Weekends, both Saturday and Sunday, are also considered holidays under the Government Code and Code of Civil Procedure and regular scheduled paydays falling on a weekend that your employer is closed may thereby be postponed until the next business day.
                  My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

                  Comment


                  • #10
                    Manager removes time punches

                    I work for a very large corporation who hires managers at the local level to run their districts. This manager actually changed my time card after time punch was completed. The punches that he changed were for scheduled days and hours I actually worked. He removed 8 hrs of vacation time because I left town in an emergency, with his permission. I stated that I would be gone until Monday. Because of the situation, I returned to work on Wednesday. I took vacation time for the Tuesday. He removed the 8 hrs of vacation time that I took for that "unscheduled" day off. Is this legal? He went into my punch time and changed my lunch punch out time to short me 1/4 hour of pay without any explaination.
                    Last edited by Pultra; 02-19-2007, 06:43 PM.

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                    • #11
                      Yes they can change your vacation usage for the day you were off, regardless of the reason you took the day.

                      As for changing the times of the punch card, as long as you are being paid for time actually worked, it is legal. If you are not, then you need to point this out to your payroll department.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                      • #12
                        Manager changes punch times

                        So, it is legal that afterI punched out for lunch and punched in my manager goes in and changes my out time so that it appears that I am 8 min. late returning from lunch causing me to be docked ....and this is ok???

                        At what point is it illegal for a representative of this company to change time cards (after punch occurs)? I was under the impression that acutal time worked that had a time punch representing that scheduled time (in and out) was protected. If not, how is the employee protected from someone who may be trying to cause an employee to be terminated?

                        I appreciate the info...I am a resident of Kansas

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                        • #13
                          It is perfectly legal to change the time card at any point. The illegal part would be in not paying you for all time worked. If you were in fact working those 15 minutes that you had taken off, then it would be illegal to not pay you for them.

                          Keep in mind that time may be rounded and it is common to round to the nearest quarter hour. The employer may not round only in their favor but that may mean that if you clock in at 11:55, your employer counts that as clocking in at noon. However, clocking in at 12:05 would need to be treated as noon as well for pay purposes, though you could be disciplined for being late.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                          • #14
                            Pultra, next time please start your own thread instead of hijacking your question onto someone else's. Thank you for your anticipated cooperation.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment

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