If you don’t get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor’s Wage and Hour Division or the state labor department.
By Brad Nakase, Attorney
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If you don’t get paid promptly, you can file an unpaid wages claim with the state or federal Department of Labor; contact our employment attorney for assistant to get your unpaid wages. Most of us look forward to payday. We have essential bills to pay and depend on a timely paycheck. Having a regular payday is important. Employers are legally required to pay their employees on the scheduled payday — late payment of wages can result in waiting time penalties. Late paychecks could mean being late on rent, bills, or car payments. If this happens and you don’t get paid on payday, it’s critical to take action promptly to address the issue.
In a lawsuit against an employer for late or unpaid wages, employees may seek payment of these wages as well as statutory damages, attorney’s fees, and court costs. Our employment attorney does not charge an upfront fee. Our fee is a small percentage of the money recovered for you.
Under California law, employers are required to pay employees at least twice per month, on specific paydays. If an employer has an established payroll period and fails to pay a California employee on the scheduled payday, the employee can send a written notice to request payment. A late paycheck can cause a ripple effect of problems. Employees may be entitled to penalties under California law, including one day’s pay for each day the wages are late, up to a maximum of 30 days. Additionally, delayed payments can lead to penalties on bills and credit score damage. When this happens, and you don’t get paid on payday, financial stress often follows.
a: Confirm the Issue
Verify that payday has passed. Employers must notify employees of payday requirements and ensure wages are paid in compliance with the law. For work done between the 1st and 15th of a month, payment must be made between the 16th and 26th of that same month. For work done between the 16th and the end of a month, payment must be made between the 1st and 10th of the following month. Check bank accounts for deposits and confirm with your payroll department. If it happens that you don’t get paid on payday, confirm whether an error occurred.
If payday falls on a holiday, employers are generally allowed until the next business day to issue payment. Exceptions may also apply to executives and employees covered by specific collective bargaining agreements. When it happens that you don’t get paid on payday, it’s essential to review these potential exceptions.
b: Document Everything
If there is an issue with your paycheck, document your hours worked, pay rate, pay period, and any communications with your employer. Collect pay stubs, time sheets, and other records of payment dates. Employers are required to provide accurate wage statements under California law. This documentation will be crucial if you need to escalate the issue later. Documentation becomes key when it happens that you don’t get paid on payday as it strengthens your case for resolution.
c: Communicate with Employer
Contact your employer or payroll department. Sometimes delays are due to administrative errors or payroll processing issues. If the issue is not resolved, send a written notice requesting immediate payment of the wages owed. Providing a clear record of your hours and the owed amount strengthens your position when communicating with your employer. If it happens that you don’t get paid on payday, proactive communication is a necessary first step.
a: State and Federal Laws
The federal Fair Labor Standards Act (FLSA) sets standards for minimum wage, equal pay, overtime pay, and employer recordkeeping. States may pass their own labor laws, but they should meet or exceed the federal minimum. California Labor Code requires that employees be paid semi-monthly at least, with strict deadlines based on the work period. When it happens that you don’t get paid on payday, understanding your legal protections is vital.
State labor laws often address specific nuances. For example, in California, work performed between the 1st and 15th of the month should appear in paychecks no later than the 26th of that month. For overtime, employers have up to two regular payroll periods to issue payment. These protections are crucial when it happens that you don’t get paid on payday.
b: Penalties for Employers
Employers who fail to pay workers on time are subject to financial penalties. For initial violations, the penalty is $100 per employee who receives a late paycheck. For subsequent violations, employers incur a $200 penalty per employee, along with 25% of the unpaid wages. Waiting time penalties in California require employers to pay a full day’s wages for each day the wages remain unpaid, up to a maximum of 30 days. This penalty applies even if the delayed wages are eventually paid. If it happens that you don’t get paid on payday, these penalties serve as a deterrent for employers.
Additional penalties may be assessed under California Labor Code Section 210, particularly if the failure to pay wages is deemed willful. When it happens that you don’t get paid on payday, the law ensures accountability for employers.
a: Filing a Complaint
If your employer intentionally fails to address the issue, a complaint can be filed with the California Labor Commissioner’s Office or the Department of Labor. Employees may recover unpaid wages, penalties, interest, and attorney’s fees through this process. The Labor Commissioner’s Office investigates wage claims and can issue orders to recover unpaid amounts. Filing a complaint requires documentation of the unpaid wages and attempts to resolve the issue directly with your employer. When it happens that you don’t get paid on payday, filing a complaint can be an effective next step.
b: Seeking Legal Action
Employees may consider filing a lawsuit in small claims court or pursuing a class-action lawsuit for wage theft. Consulting an employment attorney can help determine the best course of action. Employers who make consistent, willful violations of wage laws may face additional penalties and lawsuits. Attorneys can also assist in seeking damages for financial hardship caused by late wages. Legal action becomes necessary when it happens that you don’t get paid on payday despite attempts to resolve the issue.
c: Union Support or Advocacy Groups
If you’re part of a union, consult your union leadership. Collective bargaining agreements may set out additional requirements for timely pay. Nonprofit advocacy organizations may also assist with wage recovery. Union contracts often stipulate stricter timelines for payment and provide additional avenues for resolving disputes. If it happens that you don’t get paid on payday, unions and advocacy groups can be valuable allies.
a: Know Your Pay Schedule
Understand your employer’s pay schedule and ensure it complies with state laws. Keeping track of your pay periods and amounts can help you identify issues early. Employers are required to inform employees of payday schedules and any changes must be communicated well in advance. When it happens that you don’t get paid on payday, prior knowledge of pay schedules aids in addressing the problem quickly.
Monitoring your pay schedule is particularly important for exempt employees, who may have different payment timelines under state law. Exempt employees should be aware of their pay structures to avoid surprises when it happens that they don’t get paid on payday.
b: Employment Contracts
When accepting a job, review your employment contract to understand how and when you will be paid. Look for clauses regarding payment terms and negotiate clear terms if necessary. Contracts should also specify what happens in the event of delayed payments or payroll errors. A well-constructed contract can protect you when it happens that you don’t get paid on payday.
A late paycheck can cause significant stress, but employees have rights under state and federal law. Taking immediate action, understanding legal protections, and consulting resources can ensure you recover the wages you’re owed. If you don’t get paid on payday, reach out to the appropriate labor board, seek legal counsel, or consult advocacy groups to protect your rights. When it happens that you don’t get paid on payday, remember there are legal remedies to enforce your employer’s compliance.
Employers who violate wage payment laws face significant penalties, and employees have the power to hold them accountable. By knowing your rights, documenting issues, and taking timely action, you can protect yourself and ensure fair treatment in the workplace. Timely pay is not just a legal requirement—it’s a fundamental right for every worker. When it happens that you don’t get paid on payday, standing up for your rights ensures justice and fair treatment.
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