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New employee not getting paid. California

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  • New employee not getting paid. California

    I have an interesting situation. I just started working for a community college. They require a live scan background check. In order to complete that check you must have a valid photo ID. I lost mine and I’m still waiting for a replacement.
    Trouble is, the payroll dept is holding my paycheck (I was informed they have it ready) until the results from the live scan are returned. I have spoken with them explaining that I need the check in order to pay rent for the month that I’ve already worked. They said that the background check needs to be completed. This could take a month according to the police dept.
    What actions can I take? Is this a legal reason to hold my pay? I was not informed that I had to pass the background check in order to get paid when I got the job. Plus I've been working on salary for over a month now. Please help!

  • #2
    Is the college a government entity? Are you in a union?
    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.

    Comment


    • #3
      You worked, you should be paid, even if you were not qualified to do the job.

      Your continued employment is dependent upon the background check, but that has nothing to do with what you have done already.
      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.

      Comment


      • #4
        There is no union available to us, yes it is a government subsidized community college. I’m full time staff in computer sciences.
        Anyway, I totally agree about getting paid for the work I’ve already done…does anyone have the legal angle on this? Its t- 5 days until rent is due.
        Last edited by workingfored; 09-25-2006, 03:38 PM.

        Comment


        • #5
          They can't legally withhold your paycheck for any reason. Contact your state Department of Labor and see about filing a claim.

          Is the i.d. you are required to have an employee identification or a state identification? Why is it taking so long to replace?

          Comment


          • #6
            The law with regard to government agencies can be different, so I can't answer your question until I know whether you work for the government or not.
            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.

            Comment


            • #7
              The OP already stated that he works for a community college.

              Comment


              • #8
                Originally posted by rainasky
                The OP already stated that he works for a community college.
                He sure did. I'm just waiting to hear if it is a public one or a private one.
                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.

                Comment


                • #9
                  I’m waiting on a new California driver’s license from the DMV which could take forever. I took my picture last Wednesday and I’m still waiting…but at least I’m not waiting in line.
                  I’m 100% certain that the college is part of El Dorado County ed and so I’m guessing it would fall under the Government category. And yes it is a public institution
                  I think I will call the board of labor tomorrow…thanks everyone for the fast replies!
                  Last edited by workingfored; 09-25-2006, 03:53 PM.

                  Comment


                  • #10
                    Correct me if I'm wrong but.. I was under the impression that school employees (teachers, etc) are not government employees. Even though they work for the county or city that the school is located in, they don't fall under the same category as people employed directly by the government.

                    Also forgive me OP, as I'm not from the big city or anything but doesn't it normally only take a few minutes after they take the picture for you to get your actual license in your hand?
                    Last edited by rainasky; 09-25-2006, 03:59 PM.

                    Comment


                    • #11
                      The wage orders say

                      (B) Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district.

                      I haven't researched this, but I think school disctricts fall under "special districts."

                      The rules for when you must be paid may not apply, and the special rules for making claims against the government most certainly do apply.
                      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.

                      Comment


                      • #12
                        Originally posted by rainasky
                        Also forgive me OP, as I'm not from the big city or anything but doesn't it normally only take a few minutes after they take the picture for you to get your actual license in your hand?

                        In California it takes about 6 weeks- we have fancy holograms on ours.
                        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.

                        Comment


                        • #13
                          And, you need to work with your employer on this, as I can guarantee you that the DLSE will not be able to get to this claim and get you the money within 5 days. Might they give you a small salary advance to tie you over?
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Originally posted by rainasky
                            They can't legally withhold your paycheck for any reason. Contact your state Department of Labor and see about filing a claim.

                            Is the i.d. you are required to have an employee identification or a state identification? Why is it taking so long to replace?
                            The law that covers this is Cal. Labor Code 204
                            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. ...
                            and 206:
                            206. (a) In case of a dispute over wages, the employer shall pay,
                            without condition and within the time set by this article, all wages,
                            or parts thereof, conceded by him to be due, leaving to the employee
                            all remedies he might otherwise be entitled to as to any balance
                            claimed.
                            Unfortunatley, you have the following from 220:
                            (b) Sections 200 to 211, inclusive, and Sections 215 to 219,
                            inclusive, do not apply to the payment of wages of employees directly
                            employed by any county, incorporated city, or town or other
                            municipal corporation. All other employments are subject to these
                            provisions.
                            Thus, if she is employed by a county, city, town, etc. she has little remedy in this case but to try to negotiate it out as Patty recommended.
                            Michael Tracy
                            Attorney
                            http://www.laborlawradio.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.

                            Comment


                            • #15
                              I was able to strong arm my way into getting a paycheck. HR relented only after I threatened to call the labor board. I can’t believe this catch 22 actually happens, I mean background checks are bad enough but to have your pay withheld just because you can’t complete one is ridiculous. Especially when you have to have to wait for the DMV for their glacial response.

                              Anyhow, thanks for the help!





                              Originally posted by mtracy
                              The law that covers this is Cal. Labor Code 204
                              and 206:


                              Unfortunatley, you have the following from 220:
                              Thus, if she is employed by a county, city, town, etc. she has little remedy in this case but to try to negotiate it out as Patty recommended.

                              Comment

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