1. PAYDAYS: It is an employer’s obligation to pay you on the established payday regardless of whether the time-card is submitted. There is no exception in the law that allows an employer to require you to wait until the next payday, or even until the time-card is turned in. Your employer can comply with the law, even without having your time-card, by paying all of the wages that it reasonably knows are due for your regularly scheduled work period. Likewise, payment of overtime wages earned in one payroll period must be paid no later than the payday for the next regular payroll period. Only payment of the overtime wages may be delayed until the next payday, not straight time wages.

If your regular designated payday falls on a holiday and your employer observes that holiday by closing its business, your employer may pay your wages on the next business day. Also, with few exceptions, you must be paid twice during each calendar month on days designated in advance by your employer as regular paydays.

  1. PAYROLL RECORDS: Every employer doing business in California must maintain comprehensive payroll records on each of its employees. Moreover, your payroll records must be made available to you upon reasonable request, which request must be complied with by your employer as soon as practicable, but no later than 21 calendar days from the date you make such request. Effective January 1, 2003, a failure by the employer to permit a current or former employee to inspect or copy his or her payroll records within the 21-day period entitles the current or former employee to recover a $750.00 penalty from the employer in a civil action brought before a court of competent jurisdiction.

Pursuant to Labor Code Section 226(a), semimonthly or every time you are paid your wages, whether by check, in cash, or otherwise, you must be given a detachable part of the check or a separate writing showing required information. Note: Effective January 1, 2008, only the last four digits of your social security number, or an employee identification number other than a social security number was required to be shown on the itemized statement. (Labor Code Section 226(a)(7)) The following information is required to be on your itemized statement:

  1. Gross wages earned
  2. Total hours worked (not required for salaried exempt employees)
  3. The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece rate basis
  4. All deductions (all deductions made on written orders of the employee may be aggregated and shown as one item)
  5. Net wages earned
  6. The inclusive dates of the period for which the employee is paid
  7. The name of the employee and the last four digits of his or her social security number or an employee identification number other than a social security number
  8. The name and address of the legal entity that is the employer
  9. All applicable hourly rates in effect during the pay period, and the corresponding number of hours worked at each hourly rate by the employee

In the event that commissions have been “earned” on or before the date of your termination, the employer must complete the necessary calculations and pay the commissions on the date of the termination in the case of a discharge or a voluntary quit with more than 72 hours’ prior notice, or within 72 hours of the termination of the employment relationship in the case of a voluntary quit without such prior notice. It is not permissible for the employer to wait until the customary time for calculating the commissions of current employees, nor is it permissible to delay payment of such earned commissions until the next regularly scheduled payday. If the commission has not yet been earned at the time of termination and is awaiting the completion of some legal condition precedent, for example, receipt of the customer’s payment, the commission must be paid to you immediately upon completion of the condition precedent.

 

WFB LEGAL CONSULTING, Inc.–Lawyer for Business–A BEST ASSET PROTECTION Services Group

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