Employer very sporadic with paydays, not sure what to do

Question

My girlfriend works for a large chain restaurant, of which I believe she works for a franchise location.

I found it very weird that they down right refused her request to set up direct deposit, but that alone was fine.

The problem comes from the fact that she does not have a regular payday, and in fact we won't know when she is getting paid until just a few days before they have the checks. It is never the same day of the week, and sometimes it seems like it's even 3 weeks before she gets paid, which is the current case. Going by my pay schedule, her pay periods should line up close to mine, as we should be getting paid on the same week.

Is this something that an employer can just do? It just doesn't seem right to make something like a paycheck seem so unstable.

Answer 1

Is this something that an employer can just do?

That is very unlikely, although strictly speaking there is not enough information to answer either yes or no.

Section 2810.5(a)(1)(C) of the California Labor Code provides that "[a]t the time of hiring, an employer shall provide to each employee a written notice [...] containing the following information: [...] The regular payday designated by the employer in accordance with the requirements of this code".

This implies that the employer is required by law to issue the paychecks in accordance with the timing that pursuant to Section 2810.5 the employer should have informed your girlfriend. The fact that your girlfriend does not know when exactly her salary is due suggests that the employer did not even comply with this statute.