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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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We are a staffing agency who places W2 employees at our

Customer Question

Hi There, we are a staffing agency who places W2 employees at our client site. We offer them benefits, etc. We pay our W2 employees biweekly however someone brought up that if the W2 employee in CA is on a contract/short term project, we have to pay weekly. Is this true?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 2 months ago.

In California, most employers must pay employees their regular wages, with some exceptions, at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. CA Labor Code Section 207

Expert:  wallstreetfighter replied 2 months ago.

The only CA law forcing an employer to pay weekly is for Farm workers

Workers employed by a farm labor contractor

Must be paid on payroll periods at least once every week on a business day designated in advance by the farm labor contractor. Payment on such payday must include all wages earned up to and including the fourth day before such payday.

205

Expert:  wallstreetfighter replied 2 months ago.

Employee ClassificationRuleLabor Code Section

Executive, administrative and professionalemployees

May be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month's salary, including the unearned portion between the date of payment and the last day of the month, is paid at that time. Such employees may be paid more frequently, however.

204

Workers employed by a farm labor contractor

Must be paid on payroll periods at least once every week on a business day designated in advance by the farm labor contractor. Payment on such payday must include all wages earned up to and including the fourth day before such payday.

205

Employees in agriculture, horticulture and viticulture, stock or poultry raising, and household domestic service who are boarded and lodged by their employer

Must be paid once in each calendar month on a day designated in advance by the employer as the regular payday. No two successive paydays shall be more than 31 days apart, and the payment must include all wages up to the regular payday.

205

Employees of a motor vehicle dealerlicensed by the Department of Motor Vehicles who are paid commission wages(mechanics and other employees performing repair or related services are not considered commissioned employees.)

Must be paid once during each calendar month on a day designated in advance by the employer as the regular payday. However, when such employees are covered by a collective bargaining agreement that provides for the date on which wages shall be paid, such arrangement takes precedence over state law.

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