How long after payday does my employer have to pay me my check?’

UPDATED: Aug 6, 2012

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How long after payday does my employer have to pay me my check?’

Its been 3 days after my payday and still no check from my employer.

Asked on August 6, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In California, employees must be paid at least twice a month and the employer must establish and keep to a regular payday. Failure to do so violates the law, though if the failure is to due to factors beyond the employer's control (e.g. a system or technology issue with their bank or payroll processor), they will not have done anything wrong. Also, since you can only sue for actual damage or losses or cost incurred, it is almost certain that a few days delay provides no reasonable economic basis for taking legal action (i.e. it would cost you more to take action than you'd recover)--though you may wish to contact the state department of labor and see if there's anything the DOL can do.

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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