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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6743
Experience:  Significant experience in all areas of employment law.
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I have recently found that I wasnt being paid overtime for

Customer Question

I have recently found that I wasn't being paid overtime for days worked over eight hours if I didn't work 40 in a week. I submitted in writing a payroll correction, as I felt that this was probably a mild oversight. This was nearly a month ago, and they have yet to pay me. There has also been a bit tension between me and all of upper management since then, and have excluded me from the finance meetings (I'm the only person in accounting that isn't going, when I always had prior to my payroll correction request). They have started paying people correctly (myself included) but have yet to pay ANYTHING from the past where I was paid straight time instead of overtime. In addition, I found that going back almost two years, my paystubs are showing the wrong reporting period, which sounds strange, but it's nearly three weeks off. I have had direct deposit, so I never really looked at my paystubs until recently.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you.

I am very sorry to hear about this payroll error. Can you please clarify exactly what your question is regarding the situation?

I very much look forward to helping you with this matter.
Customer: replied 2 years ago.
A) is there a legal requirement as far as the amount of time a company can take to correct a payroll error? Also is it legal to have bogus pay period dates on my paystub?
Expert:  Patrick, Esq. replied 2 years ago.
Thank you very much for clarifying your questions.

Is there a legal requirement as far as the amount of time a company can take to correct a payroll error?

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 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.

Any payroll error that results in less than the full amount of all wages earned being paid in accordance with the time periods noted above must be paid immediately, as it is owed and past due. To permit employers a "grace period" of some kind would render Labor Code section 204 meaningless.

Also is it legal to have bogus pay period dates on my pay stub?

No, this is not legal. The requirements for what paychecks must include are set forth in Labor Code section 226. That section states:

Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing (1) gross wages
earned, (2) total hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission, (3) the
number of piece-rate units earned and any applicable piece rate if
the employee is paid on a piece-rate basis, (4) all deductions,
provided that all deductions made on written orders of the employee
may be aggregated and shown as one item, (5) net wages earned, (6)
the inclusive dates of the period for which the employee is paid, (7)
the name of the employee and the last four digits of his or her
social security number or an employee identification number other
than a social security number, (8) the name and address of the legal
entity that is the employer and, if the employer is a farm labor
contractor, as defined in subdivision (b) of Section 1682, the name
and address of the legal entity that secured the services of the
employer, and (9) all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate by the employee . . .

By stating erroneous pay period dates, an employer would be violating section 226.

An individual in your circumstance can report these violations to the Department of Labor Standards Enforcement, which will force your employer to comply with the law and pay all backed overtime. Employers are prohibited by law from retaliating against an employee for making a Labor Board complaint. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I sincerely XXXX XXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

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