Do employers have to pay you before a company observed holiday?

I have a friend who works for a company that will be observing Thanksgiving on both Thursday and Friday. The company will be distributing checks out today, Wednesday, however the checks are postdated and the employees will not be able to access their money until the normal pay day, which is Friday even though nobody is working on that day. The reason is that the employer stated that since the banks only close on Thursday and not Friday, they can use this method however, the employees are left with no money to spend during the time off. Is what the employer doing the right way to distribute checks to employees before a company holiday even though they're not open on that Friday?

1 answer  |  asked Nov 21, 2012 1:30 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
I do not see any violation of law here. California Labor Code section 204 requires an employer to pay non-exempt employees twice per month on pre-designated pay dates. Civil Code section 11 states that if an event takes place on a holiday or other non-work day, then the event is still timely if it takes place on the next regular business day. California wage and hour laws follow this same statute.

Your employer is making sure you get paid on the pre-designated date, which is all the employer is required to do. And as you see, in some circumstances, the employer can postpone payment to the next business day. No law requires an employer to pay employees early.

Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.

posted by Marilynn Mika Spencer  |  Nov 21, 2012 4:49 PM [EST]

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