How long does my employer have to distribute paychecks when there are unforseen weather conditions?

UPDATED: Sep 30, 2022

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How long does my employer have to distribute paychecks when there are unforseen weather conditions?

I was supposed to be paid today but HR told me that I would not be getting paid or another 4 days due to bad weather and a holiday. What rights do I have?

Asked on January 14, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a practical matter, you have no rights if your employer is telling the truth.
First, if we assume your employer is being honest, the law does not hold people accountable for acts due to forces beyond their control, so inability to deliver checks truly due to weather conditions will be excused.
Second, anything you could do--file a small claims suit; file a complaint with the department of labor--will take much more than 4 days to resolve, so you'll be paid well before you could do anything about it.
On the other hand, if they lying, or you think they are lying, and are not paying for some other, improper reason, and/or that it will take more than 4 days, then contact the dept. of labor to file a complaint. The DOL is the agency that looks into wage, hour, payroll, etc. violations.

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