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CA Employer not paying employees

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  • CA Employer not paying employees

    small start-up LLC in CA, as salaried employees we get paid twice a month (15th & 30th), we received one paycheck on Dec 15th, and now we're told "you won't be paid until we receive payment from our clients".

    I understand CA law to be that we must get paid at least once a month. So do I have to wait until the 15th of January (since last paycheck was Dec 15th?) before I can report to DOL?

    And if I decide to quit and give 72 hours notice, I have to be paid within a certain period of time right?

    I appreciate any and all feedback.

    -Concerned in CA

  • #2
    No, just because an employer has the option of paying you monthly doesn't mean your employer gets to change horses in mid-stream. If your employer's policy has been to pay twice monthly, as soon as one paycheck is missed you can file a complaint with the DOL.

    If you give 72 hours notice or more, you have to be paid your final pay on your last day of work. This includes any accrued but unused vacation.
    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.

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