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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1758
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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On my last paycheck, I was only paid for 7.22 hours worked.

Customer Question

On my last paycheck, I was only paid for 7.22 hours worked. I worked between 28 & 29 hours. I brought it to management's attention on Thusday, the day before paychecks are auto deposited. On Monday I was told that there was some unexplainable problem with the time clock (just for me) and they would be sure to add the missing 21 hours I was scheduled to work on my next paycheck in two weeks, because they can't write interim paychecks. It's a long time between paychecks when you only have $38 to live on for two weeks. Is this legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

The short answer to your question is that no, this is not legal. Not only are you entitled to payment for all hours worked, but you are also entitled to 1 day of payment for every day this pay is late as well as liquidated damages.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Labor Code Section 203 sets out your rights in this matter. More about this can be found here:

Customer : is this true in Colorado?
Employment-LawExpert :

Oh I apologize, you asked the question in the California Employment law section. While it is illegal to not pay you, Colorado may not have the same waiting time penalty as California. Please give me a moment to check.

Customer : Thanks
Employment-LawExpert :

Unfortunately, Colorado does not have the same waiting time penalty as California. However, you are still entitled to your pay as well as double your pay for any non-payment of minimum wage.

Employment-LawExpert :

You would file a wage complaint here:

Employment-LawExpert :

Your employer is prohibited from engaging in any retaliation for your filing of the complaint. If they do engage in any adverse employment action against you, you would have a retaliation claim against them which allow for much more significant damages such as pain and suffering and punitive damages.

Brandon, Esq., Lawyer
Satisfied Customers: 1758
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 4 other California Employment Law Specialists are ready to help you

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