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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer did not pay me on time for 3 paychecks. The head

Customer Question

My employer did not pay me on time for 3 paychecks. The head of HR even sent me an email stating that they intentionally withheld paying me bc I did not submit a timesheet (but I am exempt). Do they owe me any penalties for this? They are saying they do not. I'm in California.Also - everyone was paid out accrued vacation earlier this year. However, they didn't pay me bc they said I was a temp employee. However, I receive all other benefits, including paid time off, holidays, medical, etc. I've been working 40+ hours a week for over a year now, and never received an offer letter or anything else stating my status had changed.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

Under California law, penalties arise only if the employer fails to pay your final earned wages in a timely manner, or if their failure to pay you timely is part of a larger pattern or practice. In the latter circumstance, the employer generally pays the fine to the DLSE, not to the employee. Unfortunately, in most cases, the only financial repercussion for failing to pay earned wages on time is the accrual of interest, which would be in such a small amount that a claim would not be something worthwhile to pursue.

As for the accrued vacation, no law requires employers to pay accrued vacation except at the time the employee's employment terminates. No law is broken by paying some employees their accrued vacation but not others, so long as the motivation for doing so is not a legally protected trait, such as race or religion.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Expert:  Patrick, Esq. replied 10 months ago.

Were you able to view my answer to your question?