EmploymentQuestion 252 of 1632

A construction contractor pays its field employees on a biweekly basis. Under Labor Code §204, wages for work performed must be paid:

a.Once each calendar month, on a date fixed in advance
b.Whenever the contractor receives a draw from the owner
c.At least twice each calendar month, on set paydays
d.Within 30 days after the work is performed each month

Explanation

Labor Code §204 makes wages due and payable twice during each calendar month on days designated in advance: work from the 1st to the 15th is paid between the 16th and the 26th, and work from the 16th to the end of the month between the 1st and the 10th. A weekly, biweekly or semimonthly payroll satisfies §204 when wages are paid within seven calendar days of the close of the payroll period, which is how a biweekly construction payroll complies. Once a month is lawful only for exempt executive, administrative and professional employees. Paying when the owner's draw lands is the pay-when-paid myth; payroll does not wait on the owner. And a flat 30-day window appears nowhere in §204.

Law Reference: Labor Code §204; §204(d)

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