Q We are a small agency that employs mostly part-time employees, many of whom do not depend on their small, twice-a-month paychecks. Hardly a pay period goes by when at least one employee is not late with her time sheet, causing extra work for the person doing our payroll.
If an employee misses our due date for turning in the time sheet, can we wait to pay that employee at the next scheduled pay date? The employee would receive one paycheck, rather than two, for the month.
--M.F., Thousand Oaks
A California law expressly requires that nonexempt employees be paid at least twice monthly. Therefore, you may not delay paying employees merely because they are neglectful in getting their pay sheets in on time.
However, you are allowed to delay payment for work performed between the 1st and 15th of any month until the 26th day of the month in which the work was performed. You also can delay payment for worked performed between the 16th and the end of the month until the 10th day of the next month.
That gives you 10 days to make sure that all pay records are filled out and turned in. An employee who habitually fails to do so should be disciplined.
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker