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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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In our employee handbook and what is posted, our pay period

Customer Question

In our employee handbook and what is posted, our pay period is every other Firday, with the pay period from Sun-Sat (we now are to see our paychecks on Monday at 5:00. In any case, I started work on Monday8/20 the pay period ended that Firday, Sat. or Sun (still can't figure it out). Every one got a paycheck on Mon. I did not. Then I did the next two weeks with the paycheck to arrive this Monday 9/10. I will be receiving 2 weeks on this pay check not 3. When I questioned this I was informed that I am getting paid for the pay period and that this final week *(last week) lands in the next pay period. Basically that sounds like they are withholding the first pay check until I am gone? 1) Is that legal? I thought that they had changed this policy years ago. Even if I had worked 1 day in the first pay period I would have thought that I would have been paid that day on the last pay period. 2) Our times cards read 9/1-9/15...which to mean sounds like bi-monthly not bi-weekly. When I talked to them they said that they are well within the law, that they have 7 days to pay. Well for the first week, they are 21 days late. I am so confused.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding the situation?
Customer: replied 5 years ago.

what does the labor law say about unclear pay periods and if they can hold back the first week and therefore be a week behind. until my final check. i looked at the labor law site and couldn't figure it out. should they have paid my first weeks check which ended on the friday before the end of that apparent pay period at that time or can they just keep being behind?

Expert:  Joseph replied 5 years ago.
Pay periods must be every two-weeks.

The employer can pay you the wages that were due from work in the previous two weeks in a pay period a week from that time, which is normally waht is done for payroll purposes, since it takes a week for most employers to process payroll.

However, at the time of termination, you must be paid all wages that are due at the time of termination if you are fired, or you must receive all wages due to you within 72 hours if you were to quit your job.