Question Details: I currently work a P/T job for a small business (apx 10 employees) where my paychecks are given to me late on a consistent basis (sometimes so late that we end up a few checks behind). The employer does not have any signs posted stating the official pay date, but it is verbally agreed on that we are paid every two weeks on Saturdays... the employer always has some sort of excuse such as "my accountant was closed and I could not go and pick the checks up..." what are my legal rights regarding this issue... should the employer be required to add a late fee onto my check?
I am a lawyer in CT and practice in this area of the law. In most states, employers are required to pay its employees bi- weekly or weekly. if the employer pays its employees after 2 weeks of work, the employer may be in violation the wage laws in your state and may be help liable for double damages. I suggest that (if you do not care to work there anymore) you hire a lawyer to file a wage statute violation claim with the employer and hold him responsible for not paying wages on time. Most lawyers will meet with you for the first time for free to determine whether and to what extend the employer may be liable to you.
In California, the employer must establish a regular payday and is required to post a notice that shows the day, time, and location of payment. Timely wage payment rules are very strict. For each late paycheck, the state Labor Code allows for the recovery of up to $200, plus 25% of the amount unlawfully withheld, per employee, per payroll period.
For further information as to your rights and where to lodge a complaint for this; I've provided a link to a site that you will find to be of help: http://www.dir.ca.gov/dlse/FAQ_Paydays.htm