In California, how long can an employer hold your first check?

Question

I work for a major fast food company, and have yet to receive my first check, after 3 weeks. The manager told me that my first check was to be held. Then, 2 weeks later, I went to pick up my check (this was 3 weeks after I was employed) and she told me that there was a problem with the pay roll, gave me 100 dollars out of the safe, and told me to wait another 2 weeks to get my pay check. That would make it 5 weeks without getting paid. Is that legal?

Answer 1

"Is that legal?"

No.

However, 'stuff' happens. You can sue them for unpaid wages, but I guarantee it will take more than two weeks before the case even gets to trial, so you should have been paid by then anyway.

Richard

Answer 2

That doesn't sound legal. You are there to work and be paid for the work you do. If they are not going to pay you time to move on and go somewhere else!

Answer 3

Well they can hold your check up to 4 weeks.  But if they are really having problems with pay-roll then you will have to wait on it.  

Answer 4

Well, it depends on why. Have you furnished everything you need to in order to sort out your paperwork?

For example, I work for a university in Oregon and you can't be paid until you furnish your social security card and all of your paperwork is in order - no exceptions.

Make sure everything you can do is taken care of (filed everything properly and on time, provided all of the ID, food handler's license, or whatever you need). If things are messed up on their end, I don't know that it's illegal (unless you signed a contract saying you'd be paid every two weeks) to wait for your paycheck, but obviously they have to pay you.

I would be careful about accepting money out of "the safe." Make sure you and your supervisor are making careful records of transactions like that so they don't try to short you later.

As far as not getting your first check right away, that's not uncommon. Missing the second check is strange. They shouldn't have to wait until the next pay period to pay you for previous pay periods. Check with your supervisor/pay roll about getting the other checks sooner than 2 weeks from now, when I presume you're due a third check.

Good luck!

Answer 5

Do not make any threats.  If you aren't paid the next time you go to work call the national headquarters. Explain what has happened.

Good Luck