My scheduled paydays are the 8th and 23rd of each month. These dates are clearly stated in the employee handbook recieved at the time of hire. For the past several monthes the paychecks are not available on the stated payday. Employees are often given vague reasons why & NEVER given a day or time when they will be available. Usually it is 1-3 days wait. Is there a law regarding being paid ON the exact day stated in the handbook? Once I do recieve my check it is usually incorrect more than half the time. I am often paid the wrong hourly wage, or not paid for all the hours I worked. I am then again forced to wait for my remaining pay. I am never issued another check to make up for the mistake. Instead I am given cash and no reciept or payment stub to verify this payment. This cash payment has the appropriate taxes subtracted but is not recorded in any way. So when I recieve my W2 and do my taxes in the coming monthes these hours & wages will not be documented and result in less of a tax return for me. Is my employer responsible for giving me a reciept of some sort and can I get back reciepts for all the times I was paid in cash? Finally the biggest problem with my companies paychecks is the fact that many of them "bounce". I deposited my last paycheck in my bank and proceeded to write personal checks on it to pay my bills. Only to have it bounce. Now I have bounced checks of my own plus fees on each one. Is my employer responsible for paying these fees? How do I go about getting my employer to pay them if so?
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Paychecks often late & then "bounce"
- Thread Starter mtreber
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Patricia_Young
New Member
It's not the handbook as such, but the fact that the laws requires the employer set a schedule and stick to it.
A statement of earnings and deductions is required for ANY payment, including cash.
For both the above issues, you can file complaints with the Division of Labor Standards Enforcement.
It's not impossible that the gross and taxes for cash payments will be recorded on the payroll records (as they should be), so your W-2 might still be correct. No way of knowing until you get it.
Under wage and hour law, the employer is not theoretically required to reimburse you for NSF fees. A small claims action could be filed though.
A statement of earnings and deductions is required for ANY payment, including cash.
For both the above issues, you can file complaints with the Division of Labor Standards Enforcement.
It's not impossible that the gross and taxes for cash payments will be recorded on the payroll records (as they should be), so your W-2 might still be correct. No way of knowing until you get it.
Under wage and hour law, the employer is not theoretically required to reimburse you for NSF fees. A small claims action could be filed though.
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Patricia_Young
New Member
How do you go about doing which?
What "other questions"? If you have not been paid for all hours worked, file the claim with the DLSE.
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm
BTW, it took me about 5 seconds to google and find that second link.
What "other questions"? If you have not been paid for all hours worked, file the claim with the DLSE.
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm
BTW, it took me about 5 seconds to google and find that second link.
Maybe they are unfamiliar with computers and how to do a search.
mtreber, if your employer is issuing NSF paychecks then you should be able to recover waiting time penalties. File a wage claim with the DLSE or take the employer to court. LC §203.1
Secondly, your employer is required by law to post conspicuously a notice of the regular pay dates and the time and place of payment. You may wish to inform the DLSE that your employer is not complying with the law when filing your wage claim. LC §207
Thirdly, you are also required by law to be furnished a wage statement with each payment of wages. Failure to to do would subject your employer to penalties recoverable by both you and the state. LC §226 subsections (a) and (e), also §226.3
Lastly, if you are paid less then you should have, your employer should correct their mistake in a timely fashion and should not make you wait until the following payday. LC §204 et seq.
Hopefully this gives you the "ammunition" needed to correct things at your workplace. Best of luck to you.
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jacksgal
New Member
Lets keep the disagreements civil ok?
I've sent a private message and expect any relationship here to be civil. Obviously in your few posts they all have a message which will not be tolerated here.
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