currently working for the company since novemeber of 2011.our periods are 10th and 25th of each month. for the past few months they been late with our checks on each pay period of the month. everytime we try to contact our HR or manager they inform us that they are not in charge of the pay roll and contact the president for any questions. once we get a responce via email from the president, 2 days have already pass.president always has the same excuse that the account has payeed the company, and if we do get payeed it will be 4 days late and sometimes the checks will bounce .this issues has been on going before i got hired. http://www.ripoffreport.com/security-services/wellman-security/wellman-security-residential-h-a1410.htm#they will never notify us that the checks wont be in as well.
Yes. California employers who fail to pay all wages due every pay period may be subject to a penalty of (1) up to $200 per employee per pay period and (2) 25 percent of the wages not paid to each employee each pay period. But these civil penalties are pursued and recovered, if at all, by the Labor Commissioner; not you. For the benefit of all that work at your company, you should contact the Division of Labor Standards Enforcement ("DLSE") and explain that your employer is not paying you and your coworkers on the regularly scheduled paydays. The DLSE will then get in touch with your employer and educate it on the law.
There is another, more complicated avenue that you could pursue. This would involve initiating a civil action under the Private Attorneys General Act of 2004 ("PAGA"), to recover civil penalties based in the Labor Code (and, for successful plaintiffs, attorneys’ fees). However, there are several administrative hurdles associated with such an action, and you're more likely to bring about a swift and welcome change to the employer’s untimely pay practices by contacting the DLSE right away, as I referenced above. Good luck!
In California, wages (with some exceptions) must be paid 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. (Cal. Labor Code section 207.)
Wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month. Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. (Labor Code Section 204.)
The Department of Industrial Relations’ (DIR) Division of Labor Standards Enforcement (DLSE) which is also known as the California Labor Commissioner’s Office, has a new Criminal Investigation Unit (CIU) designed to investigate employers who perpetrate wage theft and other criminal activities against workers.
Cases handled by the Criminal Investigation Unit include workers’ compensation violations, theft of labor (which can be a felony or misdemeanor), payment of wages with bounced checks or other insufficient funds, unlicensed farm labor contractors and garment manufacturers, kickbacks on public works projects, violations involving minors on the job, and impeding of Labor Commissioner investigations.
Employees who have work-related questions or complaints can call the California Workers’ Information Hotline at 1-866-924-9757.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
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