Can the school district delay or withhold paying me my paycheck if my time sheet was turned in 1 day late?

UPDATED: Oct 2, 2022

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Can the school district delay or withhold paying me my paycheck if my time sheet was turned in 1 day late?

I am a substitute teacher with the Vallejo Unified
School district. Have been employed with them since
2008, as a full-time teacher, and now as the designated
substitute teacher, everyday at Franklin Middle School.
Earlier this month my father passed away, I was in a
fog for a few days and I turned my time sheet in 1 day
late. It was due 10/03 and I submitted it on the
10/04. Payroll department says because it was late,
that I will not receive payment for the 20 school days
that I worked for during the month of September, until
11/26/2019 which is unacceptable. They know that I in
fact have worked at the same school site everyday yet
they want me to wait 2 months for payment.

Asked on October 30, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can delay it by one pay cycle if you failed to get the timesheet in on time and therefore it could not be processed in a timely manner. But it should be paid on the next pay cycle after that: a two month delay is excessive. That said, assuming you have no doubts but that you will get the money, as a practical matter, there is nothing to do: any legal action you could take would likely take as longer or longer than two months anyway, and could cost you more time (and if you hire an attorney to help you) more money than it is worth. The law does not have good remedies for several week or even a month or two delays in payment, since legal process simply aren't fast or easy enough to implement in that time frame.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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