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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6804
Experience:  Significant experience in all areas of employment law.
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I started working for a delivery service Oct 2012. I have

Resolved Question:

I started working for a delivery service Oct 2012. I have been shorted two paychecks. Today, Dec 5, 2012 paycheck was documented by the company and myself for $187.72 for commissions and $154.70 for hourly, a total of $332.42. The December 5th check was issued to me in the amount of $170.44.

The last pay period I was shorted $288.15. I followed up the error with a faxed letter, to both owners and the bookkeeper. This was acknowledged by the Dispatcher when I verified that the fax was received that. I have heard nothing regarding the $288.15 error.

What is my recourse?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear that you encountering trouble getting paid.

Labor Code 204 governs the timely payment of wages. That section provides 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

If your employer is not paying you all wages earned an owed in accordance with Labor Code 204, an individual in your circumstance can file a wage claim with the Department of Labor Standards Enforcement.

The DLSE takes claims for the non-payment of wages very seriously and will investigate the matter on your behalf and expediently issue a judgment in your favor if it finds cause to do so. California law specificlaly prohibits employers from retaliating against employees who file wage claims, and so any adverse emloyment action taken against you following the filing of your complaint would be wrongful and itself actionable in civil court.

Please let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for 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.
Patrick, Esq., Lawyer
Satisfied Customers: 6804
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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