Pay Days

Wages must be paid according to a regularly set schedule. (Labor Code § 207)  When employees work overtime during a pay period, the payment of the overtime wages may be delayed to the next regular payday. (Labor Code § 204)  All earned wages must be paid at least twice a month, on days designated in advance by the employer. Work performed between the 1st and the 15th days of any calendar month must be paid between the 16th and 26th day of the same month. Work performed between the 16th and the last day of the month must be paid between the 1st and 10th day of the following month. (Labor Code § 204)  Weekly or bi-weekly payroll must be paid within seven (7) days of the end of the pay period in which the wages were earned. (Labor Code § 204)

Executive, Administrative and Professional employees may be paid on a monthly basis, providing all of the following conditions are met (1) employees are not covered by a collective bargaining agreement containing language regarding paydays to be applied; (2) employees are not subject to the federal Fair Labor Standards Act; (3) employees’ monthly remuneration does not include overtime pay; and (4) employees must be paid within seven (7) days of the close of their monthly payroll period. (Labor Code § 204(c))

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