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First Paycheck was unlawfully withheld?

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Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? CA
I started with my company on 3/1/2005. I am a salary employee. My employer has a semi-monthly pay policy, i.e. employees get paid on the 1st and 15th of every month. Not until after the first two weeks did my employer inform me I would not get my first paycheck until the end of the month (or first of following month -4/1/05). His reason was that it would take the first two weeks to process my time card for the pay period, and all following pay periods would be two weeks lagging. So, he explained that my paycheck on 4/1/05 would be for the pay period 3/1/05 to 3/15/05...and my paycheck on 4/15/05 would be for the pay period 3/15/05 to 3/31/05. He said upon an employee’s termination, they would then get the additional (lagging) check. However after care review of my paycheck, I noticed the pay period for any given check is the immediate 15 days prior to payday, i.e. my recent paycheck for 9/15/05 is for 9/1/05 to 9/15/05. I know this because I took two (unpaid) days off 9/1 and 9/2 and this was reflected in my pay. Looking back at a few past paychecks revealed the same thing. So, with this said, my first paycheck I received (on 4/1) was for 3/15 to 3/31. Where's my first paycheck and can he hold this back until I theoretically leave?
I believe CA law states that an employer must pay between the 16th and 26th of any given month for first 15 days worked of that month and between 1st and 10th for last 15 days worked of prior month. Is this correct and should I approach my employer to get my first paycheck?
Is he violating the law?


Senior Member
It appears you have contacted your employer and that, according to the pay period dates included on your pay stub, they are not complying with the state requirement.

File a claim with the state Division of Labor Standards Enforcement. They will contact the employer and if they are indeed out of compliance, the company will be ordered to pay the back wages.


Junior Member


Thanks for your reply! I've approached my employer about this. He says he's always done this and nobody has said anything about it in the past. He said years ago when he worked for a large company that was THEIR policy. Another explanation, which doesn't hold any water IMO that this policy is meant to discourage a new employee from leaving (after receiving their first paycheck). This only applies when you are giving an employee an advance, not a regular check. I've never worked at a place that paid me in advance!
Anyway, he said he would kindly look into it, by asking his lawyer and seeing if the laws have changed. Either he's not aware of the laws and/or he's making a lot of interest off the employee's first paycheck.
Thanks Again.

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