Is my employer violating the law by paying me late? I am an employee in the entertainment industry. I perform work on a per-project basis. A...

Question

Is my employer violating the law by paying me late?

I am an employee in the entertainment industry. I perform work on a per-project basis. As such, I am effectively terminated at the close of each project (i.e. TV episode) until I am called for work on another project. For this reason, I believe Section 201.5 of the California Labor Code applies to me. According to Section 201.5(4)(b), I should receive any unpaid wages at time of termination by the next regular payday. (The employer has established every Thursday as a regular payday.) However, I frequently do not receive payment for 3 or 4 weeks after the work is performed.

Do I have legal recourse against my employer?

Answer

An actual employee is entitled to be paid on time, with monetary penalty for failure. You can file a claim with the Labor Commissioner, or hire an attorney to file suit. If serious about doing so, feel free to contact me.