Can my employer hold my last check for up to 30 days because they are waiting for checks and credit cards charges from sales I have made to clear?

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Can my employer hold my last check for up to 30 days because they are waiting for checks and credit cards charges from sales I have made to clear?

Asked on April 27, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the check in question is a commission check, then they probably can, though you'd have to reference the terms of any employment, independent rep, commission, etc. agreements. However, for commission checks, since the point is you are paid a portion of sales, and if a charge, for example, is declined, there is no sale, then it woud be reasonable and generally legal (again, check the agreements) to do this.

However, if the check in question is a regular paycheck (of a salary or an hourly wage)--then no, they can't do this. Employees are to be paid salary and wages for time worked, regardless of the financial outcome to the company; salary and wages don't vary with or depend on sales.

 


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