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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39146
Experience:  Retired (mostly)
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In CA can an employer hold the hours worked lets say the employee

Customer Question

In CA can an employer hold the hours worked let's say the employee forgot to clock in from lunch therefore the employer will hold the 4 hours until the next pay period?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
For an hourly employee, Labor Code 204 requires that the employee be paid between the 1st and the 10th for work done between the 16th and the 30th of the prior month, and between the 26th and the 30th for work done between the 1st and the 15th of the same month. When the employee is paid weekly, the employer must pay for the prior week, no later than the end of the following workweek. Labor Code 204b.

There is no express exception to the payroll requirements. However, no court is going to punish the employer for a circumstance beyond its control, created by the employee's error, as long as the employer acts in a prompt manner to make full payment as soon as possible.

Hope this helps.

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