California payday laws with company takeover and first payday delayed

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California payday laws with company takeover and first payday delayed

The office I work in has over 50 employees and they were bought out and will begin as employees under the new owners soon. Due to the paydays not syncing up the employees will not receive a paycheck for 30 days between their last paycheck of one week’s pay with the current employer and the first paycheck with the new employer. Is this legal?

Asked on March 22, 2018 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under the applicable statutes in your state, workers must be paid at least twice a month. That having been said, by the time any resolution is made orusuant to a wage complaint and/or lawsuit, you will have probably have already been paid.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In your state, employees must be paid twice monthly (at least; a company may voluntarily pay them more often), so this would be illegal. However, there is very little to do about it: by the time any complaint to the department of labor or any lawsuit for unpaid wages actually was processed or heard, you would have been paid, rendering the matter moot. Sometimes, when there is a relatively short (an extra two weeks, approximately) delay rather than a denial, there is no practical response other than to wait.


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