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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5068
Experience:  Extensive experience representing employees and management
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So today I get a piece of paper with "justanswer.California

Resolved Question:

So today I get a piece of paper with "justanswer.California Employment Law"...Then the question.....We get paid on the 15th and last day of the month. I am off o Fridays and sometimes payday is on a Friday. does my employer have to pay me before the scheduled pay day or do I have to go in and pick-up my check on the Friday that I am off?" My boss asked this question...She was off most of the week last week, and SHE usually asks for our payroll hours 2-3 sometimes 4 days before PPE. She also gave those who do not have direct deposit, their checks on Thursday because they were requested (because of economy) to have Fridays off. This is what SHE DID, now she asks you a question acting like she's the employee, gets your answer and stuffs it in our pay check envelope /or pay stub envelope. Frankly I laughed, because her actions are not one of ethics or character, I love my job but this is another example of control and manipulation.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Do you have a question I can help answer for you regarding the situation?
Customer: replied 2 years ago.
Yes sir, sorry never did this before, I she the Office Mgr allowed to change rules and make it seem that the employee's are the problem? I view this as harrassment, abuse and battery! Am I right? Can she deduct $1 for each minute we are past the "GRACE Period?"
Expert:  Joseph replied 2 years ago.
Unfortunately, as an at-will employer, your employer can change the rules of your employment at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922.

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

However, your employer cannot physically assault any employees, and if she were to do so, this would constitute battery, and could be actionable as a civil suit or a criminal matter.

Finally, your employer cannot make deductions from employee wages for $1 per minute for being past a 'grace period.'

This constitutes an illegal deduction from wages in violation of California Labor Code Section 221, and you should file a wage claim with the Department of Industrial Relations for the amounts illegally deducted from your pay.

You can file a wage claim using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Joseph, Lawyer
Satisfied Customers: 5068
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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