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CA - Payroll cycle forces one week pay in arrears?

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  • CA - Payroll cycle forces one week pay in arrears?

    So my company is shifting to a new payroll cycle and there is going a skipped week where we don't get paid, which is fine since they announced this awhile back.

    But now I am being told that when we finally do get paid, it is going to only be for the prior's week work and the week before that will be put in 'arrears' to be paid to us when we leave the company.

    I can deal with my paycheck being a week later than normal, but I would be experiencing undue financial hardship if I only received 40 hours instead of 80 on that new paycheck.

    What can I do?

    Any help is much appreciated.

    p.s. In case it matters, they did offer short term loans to help out from being paid a week late, but the deadline to turn them in has passed and I'm just learning about them putting one weeks worth of pay in arrears. Besides they are to be paid back in a month so I don't see how that helps us missing that one weeks pay put into arrears...?

  • #2
    Change in pay schedule

    I believe that this practice is legal.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      MA - same question for Massachusetts

      Parent company in California, subsidiary in MA - wants to change payroll so both coordinate. This would mean employees in MA are always one week in arrears. Company offering bridge-loan to make up difference, repaid at time of separation from company.

      Comment


      • #4
        That's nice of them. It's not required by law and it is perfectly legal in all states to pay one week in arrears.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Originally posted by nesta
          But now I am being told that when we finally do get paid, it is going to only be for the prior's week work and the week before that will be put in 'arrears' to be paid to us when we leave the company.

          Ca. labor code 204b
          "204b. Section 204 shall be inapplicable to employees paid on a
          weekly basis on a regular day designated by the employer in advance
          of the rendition of services as the regular payday.
          Labor performed by a weekly-paid employee during any calendar week
          and prior to or on the regular payday shall be paid for not later
          than the regular payday of the employer for such weekly-paid employee
          falling during the following calendar week.
          Labor performed by a weekly-paid employee during any calendar week
          and subsequent to the regular payday shall be paid for not later
          than seven days after the regular payday of the employer for such
          weekly-paid employee falling during the following calendar week
          ."

          And 210 states "In addition to, and entirely independent and apart from, any
          other penalty provided in this article, every person who fails to pay
          the wages of each employee as provided in Sections 204, 204b, 204.1,
          204.2, 205, 205.5, and 1197.5, shall be subject to a civil penalty
          as follows:
          (a) For any initial violation, one hundred dollars ($100) for each
          failure to pay each employee.
          (b) For each subsequent violation, or any willful or intentional
          violation, two hundred dollars ($200) for each failure to pay each
          employee, plus 25 percent of the amount unlawfully withheld....."

          http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

          You must be paid within 7days. There are exceptions.
          Last edited by joe916; 05-31-2006, 07:28 PM.
          I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

          Comment


          • #6
            OP, can you give us the actual dates of the old pay cycle and the new one? Pay period ending and pay date for each?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Uh, since the original post is over a year old, I'm guessing the OP won't be back.

              Ca emps must be paid in the manner Joe posted, I don't know about the MA emps.
              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


              • #8
                ______________
                Last edited by Megan Ross Hutchins; 06-01-2006, 11:34 AM. Reason: duplicate post
                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
                  MA employees must be paid within 6 days of the end of the pay period, if that helps.
                  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


                  • #10
                    oops. never mind. I wish joe916 wouldn't do that.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Some days I think I need to set aside about 16 hours and then lock every post over a month old.
                      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


                      • #12
                        To be fair to Joe, the thread was hijacked by the MA poster yesterday.

                        cbg, get working. Come on now. You don't have anything else to do, right?
                        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
                          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


                          • #14
                            I found this thread and I would like to get some clarification.

                            My company (based in CA) is doing the same thing to me.

                            I was notified on Jan. 14th that we would be making a change from Semi-Monthly (being paid current) to Bi-Weekly (paid in arrears) affective the current pay period. I will not be getting paid for 4 days Jan. 28th - 31st on this current paycheck. They said they would pay me these for days but they have offered to deduct one day from each of the next 4 pay periods. I will get paid these 4 days at the end of my employement with the company (which could be years from now).

                            Is this or isn't this legal?

                            Also, should they not have given me 30 days notice?

                            Thanks
                            Doug

                            Comment


                            • #15
                              Originally posted by Jbsys View Post
                              I found this thread and I would like to get some clarification.

                              My company (based in CA) is doing the same thing to me.

                              I was notified on Jan. 14th that we would be making a change from Semi-Monthly (being paid current) to Bi-Weekly (paid in arrears) affective the current pay period. I will not be getting paid for 4 days Jan. 28th - 31st on this current paycheck. They said they would pay me these for days but they have offered to deduct one day from each of the next 4 pay periods. I will get paid these 4 days at the end of my employement with the company (which could be years from now).

                              Is this or isn't this legal?

                              Also, should they not have given me 30 days notice?

                              Thanks
                              Doug
                              Please start your own new thread. You posted to a thread from 2006 & it gets confusing for the posters. Thanks.
                              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

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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