AB 898, as introduced, Gonzalez. Employee wages.
Existing law requires that employers pay wages to their employees, twice per calendar month, on days designated in advance as regular paydays. However, employees defined as executive, administrative, or professional may be paid once per month.
This bill would make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 204 of the Labor Code is amended to
2read:
(a) All wages, other than those mentioned in Section 201,
4201.3, 202, 204.1, or 204.2, earned by any person in any
5employment are due and payable twice during each calendar month,
6on days designated in advance by the employer as the regular
7paydays. Labor performed between the 1st and 15th days, inclusive,
8of any calendar month shall be paid for between the 16th and the
926th day of the month during which the labor was performed, and
10labor performed between the 16th and the last day, inclusive, of
P2 1any calendar month, shall be paid for between the 1st and 10th
2day of the following month. However, salaries of executive,
3administrative, and professional employees of employers covered
4by the Fair Labor Standards Act, as set forth pursuant to Section
513(a)(1) of the Fair Labor Standards Act, as
amended through
6March 1, 1969, in Part 541 of Title 29 of the Code of Federal
7Regulations, as that part now reads or may be amended to read at
8any time hereafter, may be paid once a month on or before the
926th day of the month during which the labor was performed if
10the entire month’s salaries, including the unearned portion between
11the date of payment and the last day of the month, are paid at that
12time.
13(b) (1) Notwithstanding any other provision of this section,begin delete allend delete
14 wages earned for labor in excess of the normal work period shall
15be paid no later than the payday for the next regular payroll period.
16(2) An employer is in compliance with the requirements of
17subdivision (a) of Section 226 relating to total hours worked by
18the employee, ifbegin insert
theend insert hours worked in excess of the normal work
19period during the current pay period are itemized as corrections
20on the paystub for the next regular pay period. Any corrections set
21out in a subsequently issued paystub shall state the inclusive dates
22of the pay period for which the employer is correcting its initial
23report of hours worked.
24(c) However, when employees are covered by a collective
25bargaining agreement that provides different pay arrangements,
26those arrangements shall apply to the covered employees.
27(d) The requirements of this section shall be deemed satisfied
28by the payment of wages for weekly, biweekly, or semimonthly
29payroll if the wages are paid not more than seven calendar days
30following the close of the payroll period.
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