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Consecutive Late Wage Payment w/o Notice California

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  • Consecutive Late Wage Payment w/o Notice California

    Okay so here goes nothing, I have been working at this company for about 7 months now. Over the past two months wages have been late every time. I am an hourly employee and we are supposed to get paid semi-monthly (usually the 7th and 22nd, there is a pay date calendar posted in every office). Wages have even been up to a week and a half late.

    They never give any notice (I'm in an office in the back) and just go on with their days. The joke of an HR department (the owners wife [who is a highschool dropout by the way]) has been in probably 3 or 4 days in the past month.

    I have read previous posts and the sections in the labor law codes. For two months not knowing when I'm going to get paid is becoming a hassle. This weekend I am supposed to be moving into a new apartment, and lo and behold there is no paycheck today. Luckily I have barely enough money to cover first and last months rent.

    What I want to know is what rights are there in this matter? Like I said I have read California Labor Code Section 207 that describes when wages must be paid. Is there anything I can do here?

  • #2
    Contact CA-DLSE. The problem is that penalties associated with the late payment of non-termination wages go to the state, not the employee.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Wow really? What exactly is the point in that then? I mean I realize that the DLSE would be on their case regarding the matter, however couldn't they just fire me because of a stupid at-will employment clause? Regrettably I need this job and they like to fire people that they don't get along with.

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      • #4
        Originally posted by Sbkyle View Post
        Wow really? What exactly is the point in that then?
        Laws are supposed to have points?

        At some point, a bad employer is a bad employer, and your best option is to find a different employer. There is nothing to say that things will not keep getting worse.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          They would be stupid to fire you for making a claim with the DLSE (although I'm not sure they're too bright as it is). California is very employee-friendly when it comes to whistleblower protection. A wrongful termination suit would be a strong possibility.

          I wouldn't be surprised if they're having cash flow problems.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            I wouldn't be surprised if they're having cash flow problems.
            Agreed. And these sort of problems can always get worse. If if things get bad enough, the music stops and no one gets paid no matter what the law says.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              California Labor Law Attorney

              Small employers tend to retaliate more than larger employers since in many instances they do not have the advice of labor counsel.
              Walter

              www.California-Labor-Law-Attorney.com
              "Wage and Hour Class Action Attorneys"

              Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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              • #8
                California overtime lawyer

                I think it is wise as another writer said to seek another job.
                Walter

                www.California-Labor-Law-Attorney.com
                "Wage and Hour Class Action Attorneys"

                Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                Comment


                • #9
                  Originally posted by DAW View Post
                  Agreed. And these sort of problems can always get worse. If if things get bad enough, the music stops and no one gets paid no matter what the law says.

                  I thought you were going to say that the music stops are there are no chairs left.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Same difference.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment

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