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Direct Deposit v. Paper Check California California

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  • Direct Deposit v. Paper Check California California

    My new employer has a posted paydates within the required time frame after the end of the pay period. They encourage direct deposit, although it takes two pay periods to process. No problem.

    Here is the issue I have and I need to know if this is legal in California: The paper checks are not actually put in the mail to the employee until the posted paydate. Tomorrow is payday and my check is not being mailed until tomorrow, which means I won't get my paycheck until Friday, Saturday or possibly Monday. I stated that the paychecks should have been cut and sent overnight to the office so that all employees get paid on the same date.

    Or am I just being a stressed out, broke new employee?

  • #2
    I believe as long as the check is put in the mail (post-marked) on the payday, that is acceptable. You might want to hold for DAW (he is a poster from Ca.) or another poster to come along and verify that. I'm not positive of the Ca. law.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      Re: Direct Deposit v. Paper Checks

      Thanks!!!! I am eager to see if he has any ideas. It is all probably a mute point, but it doesn't seem right or fair....of course, who told me life is fair??? LOL


      • #4
        I do not have anything hard on this. I checked the CA-DLSE manual and opinion letter section and this exact point does not seem to be mentioned.

        Employers I have worked for always mailed checks and paystubs via U.S. mail one working day before actual pay date. As far as I know, that was not an actual rule, just something we did. There is a potential problem if the employer mails much earlier then that in that they (the employer) risks having constructive receipt occuring earlier then the stated pay day, which causes the IRS and state deposit requirements to change, which can get pretty ugly legally. The other argument sometimes made by employees is that employers were "required" to use FedEx or something else to "guarentee" that the checks arrived on time. My last company's legal department looked at that, and they said that U.S. Mail one day early was fine. I did not get specific legal references, and since we (the employer) were in 20-25 states, it would have been a lot of references that Legal would probably not have wanted to give to me.

        You might want to give CA-DLSE a call. If they actually have an answer, see if you can get a supporting source (and share it).
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


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