My employer has been late paying me the last 2 paydays

UPDATED: Oct 1, 2022

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My employer has been late paying me the last 2 paydays

My employer has been late the last 2 times I have been paid. We used to
have direct deposit and no longer use that company to clock in. Now my
employer doesn’t know what day is our new payday.

Asked on November 28, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There really isn't anything to do, if you are getting paid, even if a bit late while they work out the process. The law requires you to be paid twice a month or every two weeks; if you are, even if the date is varying something, the company is fundamentally in compliance with the law--and by the time you were to take any sort of legal action, you'd have gotten paid, making the claim moot.
If you ever do not get paid at all, however, that would be a very different situation, and you could file a complaint with the the state department of labor or sue for the money.

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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