How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

California paycheck distribution question I am trying to

Customer Question

California paycheck distribution question
I am trying to settle a dispute with my employer, I did not receive my payroll check on September 30, 2011 when it was due. This is the second occurrence since my employer implement this new procedure. My employer mail out my check to my home, My employer implement a new policy which went into effect on July 01, 2011. My employer stated that we the employee have only two choices when it comes receiving our payroll checks. One was to have direct deposit and the other choice was to have it deliver to our home mailbox. I stated to my employer that I decline that offer and wanted my check in the same manor it was giving to me the past four years, in my hands every period. My employer stated that I did not have a choice, if I don't have it straight deposit then they will mail it out to my home. Is there a law regarding this situation.
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Hello and welcome,

For employees' convenience, California law typically permits direct deposit of wages. Labor Code Section 213(a) provides that direct deposit must be voluntary. Employers cannot require employees to have a bank account into which a direct deposit may be made.

The Labor Code also provides that employers may mail employee checks to them upon the employee's request. Therefore, both options are voluntarily and if the employee demands payment in person, the employer must normally accommodate that request.

If the employer does not provide payment in person, file a wage claim with the state labor board.

I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.