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Employer Delaying Paychecks-Time Clock Adjustments

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  • 09-12-2013, 11:12 AM
    THANKGOODNESSIMFABULOUS
    Employer Delaying Paychecks-Time Clock Adjustments
    My question involves employment and labor law for the state of: California

    What is the policy on employee paychecks? We were just informed by our supervisor that we will not be getting paid until this Monday, when our regular pay schedule should have our checks issued to us tomorrow. Not explanations given, we just have to wait.

    In the past we have had employees try to cash their checks and the bank refuses for insufficient funds. Are there any penalties for either of these?

    We are also required to be at our desk and clocked in at least 5 minutes before our shifts begin (can not clock in more then 10 minutes early), however our paychecks never reflect the extra minutes that we are actually clocked in. Which would be minimum additional 25 minutes per week, and 50 minutes per pay period.
  • 09-12-2013, 11:25 AM
    eerelations
    Re: Employer Delaying Paychecks-Time Clock Adjustments
    Contact the CA DLSE for information and laws.
  • 09-12-2013, 11:38 AM
    Disagreeable
    Re: Employer Delaying Paychecks-Time Clock Adjustments
    5 minutes does not sound unreasonable to allow you time to get ready to work. Are you claiming you gainfully work walking down the aisle? Are you paid for your work hours or time clock hours? It appears the time clock is simply to verify you have arrived and departed timely, to be ready to work.
  • 09-12-2013, 11:50 AM
    THANKGOODNESSIMFABULOUS
    Re: Employer Delaying Paychecks-Time Clock Adjustments
    No we actually have to be out our desk 5 minutes before our shift starts, ready to take calls. That includes being logged in to the system.
  • 09-12-2013, 12:09 PM
    DAWW
    Re: Employer Delaying Paychecks-Time Clock Adjustments
    Under federal law (FLSA) and talking about the 5 minutes each day not being paid, the employer could argue (correctly) that they are just following the 29 CFR 785.48 rules on rounding, that they are rounding to the nearest 15 minutes, which is legal if done correctly. HOWEVER, if they are using the rounding rules, those rules must be used consistently in both directions. CA follows FLSA in this case.
    http://www.ecfr.gov/cgi-bin/text-idx...1.2.45.4.452.3

    Payment of checks in CA is more complicated. That law is CA law (CLC), and the law is oddly written. Basically the employer has something like 10-11 days after period ending to make payment, but they are also required to have a schedule and to stay with it. Employers I have been with just published a new schedule each year, and followed that schedule. Just because you normal pay on a certain date does not mean that the schedule can be changed as long as it is published ahead of time and follows the 10-11 day rule. You can file a claim with CA-DLSE, but the penalties for late payments to non-terminated employees go to the State of California, not the employee. Now this is CA statutory law (CLC) only. The employee in theory could file a general tort action for actual damages through small claims court or via a general court action. This is a non-payroll specific remedy, and is the sort of thing you could do if your neighbor's dog damaged your lawn.
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