What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days’ wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner’s Office for unpaid wages.

By Brad Nakase, Attorney

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Table of Contents

1. Is it against the law to not get your paycheck on payday?

2. Remedies in Case Your Employer Fails to Make Payments When Expected

3. Penalty for California Overdue Paychecks

4. How Does Penalty Pay Work?

5. Penalties under Labor Code 204

6. Can I take legal action against my employer for late payment?

Is it against the law to not get your paycheck on payday?

According to California labor laws, businesses have a maximum of thirty days to fix payroll errors if your paycheck arrives late. But if they don’t fix underpayment or send out late paychecks within that time, workers can get a full day’s pay for every day the error stays.

Any California employee who is due payment on a specific payday and whose employer does not pay them by the due date may submit a formal notice to their boss requesting payment. The employee has the option to submit a claim with the California Labor Commissioner’s Office in the event that the employer continues to fail to pay and breaches the terms of employment.

Also, under California law, workers can get penalties if their employers intentionally don’t pay them. In particular, they may be eligible for a fine equal to one day’s salary for every day that the wages are overdue, up to a thirty-day limit. An employee has the right to seek reimbursement for their legal expenses and attorney fees in the event that their case for unpaid wages is successful.

When you get your paycheck might depend on a number of factors, including certain exceptions and unique situations. The timing of the pay period can cause a delay in a paycheck for an exempt employee if their employer uses a biweekly or semimonthly payroll cycle.

Reach out to an employment law firm such as Nakase Wade to have an attorney review your case if you believe your employer violated California law or the labor code in paying your wages.

Wage withholding penalties apply in most states, including California, so it’s important for employers to pay their workers on time every payday. There may be federal or state wage and hour laws that you are breaking if you don’t pay on time.

The state of California mandates that businesses pay workers at least twice a month, on designated paydays. For instance, it is the responsibility of the employer to guarantee that each worker receives their paychecks on the specified dates, such as the first and fifteenth of every month.

Wage claims allow workers to seek compensation when their employers fail to pay them on the due date. Employers in California face waiting time penalties of up to 30 days’ pay for every day their employees’ wages are overdue. This punishment applies if the employer willfully fails to pay their employees on time.

There may have been a violation of labor laws if an employee believes their wages were paid late. They should reach out to their employer’s HR or payroll team. Contacting an employment attorney might be necessary if the matter remains unresolved.

Remedies in Case Your Employer Fails to Make Payments When Expected

In the event that an employer in the state of California fails to pay their employees on time, there are a few different actions that workers can take to tackle the problem:

Get in touch with your boss (or former boss, if they haven’t sent you your last paycheck yet): An even better option would be to inquire about the payment delay with the company’s HR or payroll department. On occasion, the holdup is a result of easily fixable administrative mistakes or problems with payroll processing.
Write down every detail: Document all interactions between employers and California employees pertaining to compensation, including hours worked, pay rate, pay period, and any correspondence. In the event that legal action is necessary, the information can serve as crucial evidence.
Submit a complaint: You have the option to file a complaint with the California Labor Commissioner’s Office if you feel that your employer is willfully ignoring the problem. When an employee sues their employer for violating California’s wage or hour laws, the Labor Commissioner’s Office can represent them in court.
Consult a lawyer: If late payment has led to money problems, talking to an employment lawyer about not getting paid might be a good idea. An attorney specializing in wage claims can explain the original violation, the employee’s rights under California law, and the available options for collecting unpaid wages.

Penalty for California Overdue Paychecks

An employee may be eligible for five days of penalty pay if their boss neglects to pay them their regular rate of pay on the fifteenth of each month, delaying their paycheck until the twentieth.

In the event that a California wage worker has reason to believe that their employer has violated either an employment contract or a California law regarding unpaid wages, they should seek assistance from either the California Labor Commissioner’s Office or a California employment attorney.

How Does Penalty Pay Work?

Penalty pay, as mentioned earlier, is the extra money an employer has to give to an employee if they break some kind of wage or hour regulation. Employees can seek redress for losses sustained due to noncompliance with wage and hour labor code regulations through penalty pay, which serves as an incentive for employers to adhere to these laws.

Employees may be eligible for penalty pay in other situations as well, such as when their employers do not give them accurate hourly pay wage statements or do not notify them of their protections under wage and hour laws.

The rules and regulations that apply in a given jurisdiction can affect the availability and amount of penalty pay. If you have any questions regarding wage issues or penalty pay in California, an employment attorney from Nakase Wade can help.

Penalties under Labor Code 204

Employers in California face penalties under Labor Code section 204 for willful failure to pay wages to terminated or resigned employees. Section 204 of the Labor Code states specifically that:

Earned wages plus any balance due as of the date of termination are immediately due and payable upon termination of employment. Any employer who fires an employee, whether verbally or in writing, must pay the worker’s accrued and unpaid wages in full and without delay.

In the event that an employer knowingly disregards the payment of a worker’s paycheck, without any reduction or mitigation, as required by this chapter, the employee’s wages will be kept as a penalty starting from the due date until they are paid or legal action is taken to collect them; however, the wages cannot be kept for longer than 30 days.

Therefore, a worker may be eligible for penalty pay, which can be up to 30 days of additional wages, if their employer willfully fails to pay them their final paycheck or wages upon termination or resignation.

Penalty pay in California might be available in different amounts and subject to different conditions based on the details of a particular employment contract or other wage dispute case. An employment lawyer can advise an employee on what to do next.

Can I take legal action against my employer for late payment?

It is possible for an employee to file a lawsuit against their employer for non-payment or late wages under certain conditions. Employers in California are subject to wage and hour laws on both the state and federal levels, which make timely payment of employees a requirement.

A worker may be eligible for waiting time penalties if their employer willfully disregards their requests for timely paychecks. Penalties may differ from case to case, but in general they are anywhere from one day’s pay for every day that paychecks are late, up to a maximum of thirty days.

Workers in California may have grounds to sue their employers for wage and hour violations if their employers repeatedly fail to pay them on time. We advise you to seek the advice of an employment lawyer to learn about your rights, your options, and your chances of success.

The legal process can be lengthy and complicated. For guidance, reach out to Nakase Wade for a free consultation.

Have a quick question? We answered nearly 2000 FAQs.

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What Can I Do If My Employer Didn’t Pay Me on Payday?

Is it against the law to not get your paycheck on payday?

Remedies in Case Your Employer Fails to Make Payments When Expected

Penalty for California Overdue Paychecks

How Does Penalty Pay Work?

Penalties under Labor Code 204

Can I take legal action against my employer for late payment?

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What Are the Proper Steps to Fire Someone in California?

How Long Does a Misdemeanor Stay on Your Record in California?

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What Are the Rules for 10-Minute Breaks?

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When Is a Doctor’s Note for Work Required in California?

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