Payroll Check Bounced, Employer Responsible for Fees

[sjalltheway]

Ok, my gf deposited her payroll check in tyhe bank ast friday, the money was available saturday, but we noticied wednesday morning that our account was -350 bucks. Upon further investigation we discovered that her payrolll check had bounced due to not sufficient funds. We received an overdraft fee and a $10 returned check fee because of it. Is her employer legally responsible for paying those fees since they gave us the bad checK?

[cbg]

No. It is your responsibility to know what funds are in your account before you write checks on it.

That is not to say that the employer cannot be held responsible for bouncing the check, but he will not be held responsible because you wrote a check without waiting to see if the check cleared into your account.

[sjalltheway]

We did not write any checks, her employer gave her her biweekly check, it cleared the bank at first, then 5 days later it came up bounced, we had taken money out in the meantime, thinking the check was good

[PattyPA]

She had withdrawn money; same difference.

What state?

[sjalltheway]

California. But the money was avaiable to us for 4 days before the check was returned, are you suggesting we wait almost a week after we get paid to spend our money?

[PattyPA]

It can take as long as a week. She can ask the employer. Also, if the employer offers direct deposit, she should do that.

Having said this, however-

203.1. If an employer pays an employee in the regular course of
employment or in accordance with Section 201, 201.3, 201.5, 201.7, or
202 any wages or fringe benefits, or both, by check, draft or
voucher, which check, draft or voucher is subsequently refused
payment because the employer or maker has no account with the bank,
institution, or person on which the instrument is drawn, or has
insufficient funds in the account upon which the instrument is drawn
at the time of its presentation, so long as the same is presented
within 30 days of receipt by the employee of the check, draft or
voucher, those wages or fringe benefits, or both, shall continue as a
penalty from the due date thereof at the same rate until paid or
until an action therefor is commenced. However, those wages and
fringe benefits shall not continue for more than 30 days and this
penalty shall not apply if the employer can establish to the
satisfaction of the Labor Commissioner or an appropriate court of law
that the violation of this section was unintentional. This penalty
also shall not apply in any case in which an employee recovers the
service charge authorized by Section 1719 of the Civil Code in an
action brought by the employee thereunder.

and

210. (a) In addition to, and entirely independent and apart from,
any other penalty provided in this article, every person who fails to
pay the wages of each employee as provided in Sections 201.3, 204,
204b, 204.1, 204.2, 205, 205.5, and 1197.5, shall be subject to a
civil penalty as follows:
(1) For any initial violation, one hundred dollars ($100) for each
failure to pay each employee.
(2) For each subsequent violation, or any willful or intentional
violation, two hundred dollars ($200) for each failure to pay each
employee, plus 25 percent of the amount unlawfully withheld.
(b) The penalty shall be recovered by the Labor Commissioner as
part of a hearing held to recover unpaid wages and penalties pursuant
to this chapter or in an independent civil action. The action shall
be brought in the name of the people of the State of California and
the Labor Commissioner and the attorneys thereof may proceed and act
for and on behalf of the people in bringing these actions. Twelve and
one-half percent of the penalty recovered shall be paid into a fund
within the Labor and Workforce Development Agency dedicated to
educating employers about state labor laws, and the remainder shall
be paid into the State Treasury to the credit of the General Fund.

http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

[sjalltheway]

thank you, finally someone who actually uses the law on this site

[PattyPA]

You're welcome. I try.

[cbg]

I told you in the first response that the employer was liable for the bounced check. You focused on the (correct) response that he was not liable for the fees and charges. That's not my fault.

[PattyPA]

I told you in the first response that the employer was liable for the bounced check. You focused on the (correct) response that he was not liable for the fees and charges. That's not my fault.

I agree; my cites don't change that.