What do I do if my employer is taking a long time to pay me?

UPDATED: Aug 29, 2016

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What do I do if my employer is taking a long time to pay me?

I worked at a summer school for 2 months this summer. My paycheck is 20

days late. I keep calling and I always get the same answer of,

Asked on August 29, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only thing you can effectively try is contacting the state department of labor and seeing if they can help expedite matters. If they can't or won't, then legally, your only option would be to sue; but while you can sue in small claims court, acting as your own attorney ("pro se") to avoid legal fees, you'll still pay the filing fee (around $50) but worse, the case will take around 6 - 8 weeks to go to trial. If they truly are going to pay you in the next payroll cycle or two, you will get paid before the case comes up, making that $50 or so dollars and the time you spent filing the case a waste. Suing for the money only makes sense if you don't believe them and think they will not pay at all--then you sue for the money.

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