Is it legal to pay this way?

scantey

We recently upgraded our payroll system with ADP and in doing so they have set up new parameters for our company. In the past we have paid everyone on the 15th and the 30th/ 31st. We have always paid our hourly employees this way as well... although we actually pay them for actual hours worked (Which would always be at least a week in the rear). So their paychecks are stating that they are being paid for the 1st - 15th but they are actually being paid for the 20 -31st. I know it sounds confusing and we have always done it this way but ADP is thinking it might not be legal. I know it sounds fishy and no one has complined in the past 12 years but now we are growing and I am afraid if ADP is right we will be in violation. ANY ADVISE will help.

SandiF

Ok, maybe I'm thick here. Can't you change the dates so they reflect the actual hours worked?

scantey

not without running an entirely separate payroll- ADP doesn't have the capability... That would be too easy " )

Hatchetman

Scanty, since you're in California, California Labor Code provides that employers must pay wages at least twice a month on paydays designated in advance. Wages earned between the 1st and the 15th of the month must be paid between the 16th and the 26th of the month; those earned between the 16th and the last day of the month must be paid between the 1st and the 10th of the following month Take a look at California Labor Code Section 204.

[url]http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20[/url]

scantey

>Scanty, since you're in California, California Labor Code provides
>that employers must pay wages at least twice a month on paydays
>designated in advance. Wages earned between the 1st and the 15th of
>the month must be paid between the 16th and the 26th of the month;
>those earned between the 16th and the last day of the month must be
>paid between the 1st and the 10th of the following month Take a look
>at California Labor Code Section 204.
>
>[url]http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20[/url]


Thanks for the site- What i am really looking for is if it is legal to post on their checks that they are getting paid for a specific time and pay them for totally different hours...as mentioned above. I think I found the loop whole- ADP allows you to post notes on the checks- I will simply reflect the actual dates in that section...Thanks for your help.
Suzanne