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New employee not getting paid. California

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  • workingfored
    replied
    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.

    Leave a comment:


  • mtracy
    replied
    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.

    Leave a comment:


  • Pattymd
    replied
    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?

    Leave a comment:


  • Megan Ross Hutchins
    replied
    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.

    Leave a comment:


  • Megan Ross Hutchins
    replied
    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.

    Leave a comment:


  • rainasky
    replied
    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.

    Leave a comment:


  • workingfored
    replied
    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.

    Leave a comment:


  • Megan Ross Hutchins
    replied
    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.

    Leave a comment:


  • rainasky
    replied
    The OP already stated that he works for a community college.

    Leave a comment:


  • Megan Ross Hutchins
    replied
    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.

    Leave a comment:


  • rainasky
    replied
    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?

    Leave a comment:


  • workingfored
    replied
    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.

    Leave a comment:


  • ScottB
    replied
    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.

    Leave a comment:


  • Megan Ross Hutchins
    replied
    Is the college a government entity? Are you in a union?

    Leave a comment:


  • workingfored
    started a topic New employee not getting paid. California

    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!
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