Paycheck Timing Hinges on Variety of Factors

Q: I work for a company that pays once a month, on the 15th. Is this legal?

--J.M., Los Angeles

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A: The California Labor Code provides that wages for nonexempt employees be paid at least twice each calendar month on days designated in advance by the employer. A notice informing employees of those paydays is supposed to be posted by employers.

Normally, wages for work performed between the first and 15th days of the month are payable by the 26th day of the same month. Wages for work between the 16th and last days of the month are normally payable by the 10th day of the next month.

An employer may choose to pay employees weekly, every two weeks or semimonthly on a different schedule, as long as it pays within seven days of the end of the pay period.

Payment of overtime wages earned in one pay period may be delayed until no later than the payday for the next pay period.

Salaries of exempt workers may be paid once a month, on or before the 26th day of the month. These paychecks, however, must include salaries for the entire month.

There are some exceptions to these rules, depending upon the type of business. For example, farm labor contractors must pay employees each week. Commissions for vehicle salespeople must be paid at least once a month.

Union employees covered by a collective bargaining agreement can be paid in accordance with the pay arrangements provided in the agreement.

An employer also may pay employees more frequently than the law specifies.

Thus, the timing of payment of your wages depends upon the nature of your employment and promises of the employer.

--Don D. Sessions

Employee rights attorney

Mission Viejo

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. Recent Shop Talk columns are available at https://www.latimes.com/shoptalk.