California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

My employer decided to take a weeks pay from all of its

Customer Question
My employer decided to...

My employer decided to take a weeks pay from all of its hourly employee's under the pretense that they never took a "week in the hole " when we were hired. They then had us borrow back our pay at a high rate of payment.Is this legal in California?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not as of yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all at the moment

Submitted: 6 months ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 4 hours by:
7/31/2017
California Employment Lawyer: Lucy, Esq., Attorney replied 6 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 31,291
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

No, that's not legal at all. California Labor Code, Section 204 requires all wages to be paid to employees no later than 7 days after the close of a pay period. Paydays must be set and designated in advance at least biweekly. There is no provision that allows an employer to keep one week of an employee's pay, and they certainly cannot "loan" an employee's own money to them in order to charge interest. The idea of a "week in the hole" is that there's sometime an extra week's delay when setting up an initial paycheck, but it doesn't let an employer hold any other paycheck.

One option here is to report your employer to the Department of Labor so they can step in.

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

If you wind up suing for your unpaid wages (and a refund of the interest charge), a judge can order your employer to pay your attorney's fees, court costs, plus interest on the money they illegally withheld. Sections 218.5-218.6.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own California Employment Law Question
California Employment Lawyer: Lucy, Esq., Attorney replied 6 months ago

Do you have questions about this?

Ask Your Own California Employment Law Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 31,291
31,291 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
I work for a Indian casino and they are trying to short
I work for a Indian casino and they are trying to short every employee on their time, If I clock in at 7: 01 they are saying we are late and will start are clock in time at 7:15, If we clock out at 2:… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,687 satisfied customers
Employer is playing chicken with firing vs. employee (my
Employer is playing chicken with firing vs. employee (my relative) wanting him to resign. Boss had every opportunity to fire but was hoping for resignation so the organization wouldn't have to be on t… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question relates to whether my business needs to
My question relates to whether my business needs to reimburse employees for certain job-related expenses, such as non-slip shoes and cell phone minutes. I employ janitors in the bay area.Regarding sho… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
I was being haressed by a co-worker and when I reported it
I was being haressed by a co-worker and when I reported it to my manager she began retalliation and then laid me off. After 11 years of employment having her for an manager for 6 weeks she laid me off… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am looking for some advice on an expiring EAD and FMLA
I am looking for some advice on an expiring EAD and FMLA policy in CA … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a teacher for LAUSD. I am going to retire in 3 years. I
I am a teacher for LAUSD. I am going to retire in 3 years. I have ADHD, and my memory, balance, and clarity of thought is decling, and I find myself being confused in the class. I am worried that I wo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
I was on disability the latter part of last year. My doctor
Hello my name is***** was on disability the latter part of last year. My doctor has recently put me on disability again. I submitted my disability information to Aetna. However they cannot help me bec… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
I was looking for advice for dealing with pregnancy in the
I was looking for advice for dealing with pregnancy in the workplace … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
In California are employees required to keep track of hours
in California are employees required to keep track of hours worked … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,348 satisfied customers
I contacted an attorney in California for a medical
I contacted an attorney in California for a medical malpractice suit. I was caught off guard by the 1 year statute of limitations. I paid 15k up front to an attorney. He had me write the allegations f… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work for a real estate company. the broker bounced by
I work for a real estate company. the broker bounced by check for commissions twice and it took 9 days for me to get paid. the broker says it was fixed in 1 day. then I didn't get a 1099. I asked the … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,873 satisfied customers
Am i required to compensate an employee for time he travels
Am i required to compensate an employee for time he travels to another job site? If he uses public transportation (bus, train), am i required to also compensate him for his travel expense?Details: I h… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Re I resigned – Employer claims I was fired I was unhappy
Re I resigned – Employer claims I was firedI was unhappy with a job and the employer was not happy either. I was a salaried employee at a company with 17 employees. I was overqualified and was being p… read more
socrateaser
socrateaser
1,031 satisfied customers
Perhaps, I recently resigned from a bank. I received an
perhaps, I recently resigned from a bank. I received an "enhanced Draw" of $24,000 that they are telling me I need to repay as I resigned prior to the 12 months of employment I was obligated to. I am … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My son was fired from his company without being told then
My son was fired from his company without being told then they revoked his privileges and stranded him on the island. We were in Ohau when his supervisor called but did not tell him he couldn't get ba… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,238 satisfied customers
Hourly employee states they were never provided with a work
Hourly employee states they were never provided with a work phone yet was required to use their personal phone to communicate with supervisor and navigate to work sites. Thus, the employer owes reimbu… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
I have a settlement agreement with my former employer. My
Second opinion] I have a settlement agreement with my former employer. My ex- employer was supposed to remove an investigation out of my personnel file and they have continued to release this informat… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,663 satisfied customers
I have type 2 diabetes and am on injectable insulin daily.
I have type 2 diabetes and am on injectable insulin daily. Consequently I have problems with my size and weight (6'4" 289 pounds) and can't lose weight due to all the medications I'm on.I wear big and… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x