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Is it legal to charge employees for getting their checks on Friday vs. Monday?

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  • Is it legal to charge employees for getting their checks on Friday vs. Monday?

    In California, my husband works for a drywall company, who used to pay all his employees on Monday. My husband and a few of the other employees have requested they get their check's on Friday. His employer has now said they can have their checks on Friday, if they pay him $10. When my husband said, take it out of my check, he told my husband, that his wife, who works in the company, did not want a paper trail. That makes me think it's not legal...so I need help on this please. Let me know, as it makes me wonder why she is so worried about a paper trail. Thank you for any and all input regarding this matter.

  • #2
    Under CA law, I don't see anything that would prohibit the company from charging a fee to release checks before payday. Of course (and they probably don't know this) that would make their employment tax liability date Friday instead of Monday.

    However, why are the employees making such a big deal of this? Pay day is pay day. Budget accordingly. The employer is not required, nor in my opinion, should be, making exceptions, fee or not. That is a terrible precedent to set.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I disagree as to whether the fee scheme works. The employee can just argue that payday is actually Friday and that they are being charged $10 unless they want their pay to arrive late - Monday. Basically like a Necker cube, but it could definitely be twisted.

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      • #4
        But in California, as in most states, the employer must designate what the regular pay day is and conspicuously post it.

        http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

        So, either the pay day is Monday or it is Friday. It can't be both. And it can't go switching back and forth depending upon the whims of the employer or the desire of the employee.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          The way I see it, this is still asking for trouble. You make a good point though.

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          • #6
            Oh, I agree. If I were the employer, I would just say that Mondays are pay days, period. No releasing early checks, period. Fee or no. But that's over 15 years as a Payroll Manager, and for some pretty large companies, speaking.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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