Is My Employer Allowed to Pay Me Late In California?

California takes employment law seriously, with ample employee protections provided under federal and state regulations, including California’s Fair Employment and Housing Act (FEHA), and California Labor Code, Including CA Labor Code § 210 (2023). This protection imposes penalties on employers who fail to pay wages with the affected employee as the recipient of the penalty pay. But what if an employer pays wages, but is consistently late or requires employees to accept delays outside the employer’s established payroll schedule?

Under California’s labor code, an employee does not have to accept late wage payments by an employer and can demand financial accountability in the workplace through penalty payment. If this happens to you, reach out to our unpaid wages attorney in San Diego.

What Does California Consider “Late Wage Payment?”

California Labor Code 204 sets the following standards for wage payment:

“All wages …(Except under specific exceptions)… earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.”

Employers may be charged penalty payments for failing to make full payment of an employee’s earned hourly wages, salary, overtime payment, or vacation pay on schedule. Meal and rest-period premiums also apply.

What Is Penalty Pay In California Employment?

Since a 2019 amendment to California Labor Code 210, employees may receive statutory penalty pay for late payment of earned wages by taking civil action through the labor commission, rather than the employer’s full penalty payment going to the state. Statutory penalties go to the employee, while employers must pay civil penalties to the state.

California employment law uses penalty payment as a tool to motivate employers to adhere to the state’s wage and hour payment laws while also providing the employee with payment for losses they may have sustained during the delay in their payment through an employer’s penalty payments. The state may also apply penalty pay to employers who fail to provide employees with wage statements.

What Steps Should I Take If My Employer Delays My Wages?

If your employer fails to adhere to California’s labor code for wage payment, you have the option to file a complaint. Employees should take the following specific steps to ensure the smoothest possible process in recovering their back wages plus penalty pay:

• First, bring the matter to your company’s payroll department to rule out the possibility of an error. If the payroll department confirms that your payment for earned wages has been delayed, go to your HR department with a written complaint
• Document your work hours and pay schedule as evidence of the delay
• Hire a San Diego employment law attorney to provide legal guidance and ensure prompt action in your case
• File a lawsuit against the employer seeking all owed wages and the penalty pay that applies in your case

No California employee should have to suffer financial hardship or distress as a result of late wage payment. The workplace protection in place for timely wage payment in California is just one of the state’s many comprehensive employment laws to ensure a fair working environment for California employees. 

In the event you have been delayed your paycheck, contact Browne Employment Lawyers today at (619) 930-9440.