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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Is it legal for my employer, a consulting company, to tell

Resolved Question:

Is it legal for my employer, a consulting company, to tell employees that they will not be paid until the client pays them?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

Generally, the answer to your question is "no," it's not legal for an employer to delay payment.

With some exceptions, California law requires employers to pay wages at least twice during each calendar month on days designated in advance as "regular paydays." More specifically, Labor Code section 207 requires employers to establish regular paydays and requires them to post a notice that shows the day, time and location of payment.

Labor Code 204 states that an employer must pay wages earned between the 1st and 15th days of any calendar month no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month. Other payroll periods such as weekly, biweekly or semimonthly when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. Read the full text of Labor Code 204 here: http://law.onecle.com/california/labor/204.html

Exceptions to the above rules apply to some employees working on motion pictures, oil drillers, and under some circumstances, employees who are employed at a venue that hosts live theatrical or concert events.

To file a wage claim with California's Department of Labor Standards Enforcement, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Patrick, Esq., Lawyer
Satisfied Customers: 7331
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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