Takeaway: Reading a provision of the California Labor Code together with a provision of the California Code of Civil Procedure leads to the conclusion that where weekly wages are due to be paid on Saturday, they may be paid on the following Monday.
Under California Labor Code Section 204(d), wages for employees who are paid weekly must be paid "not more than seven calendar days following the close of the payroll period." An employee brought a wage and hour lawsuit arguing that this meant that if the seventh calendar day fell on a Saturday, the wages must be paid on that Saturday.
The trial court recently rejected this claim based on California Code of Civil Procedure Section 12a, which provides that weekends are holidays and that "[i]f the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday."
The trial court dismissed the lawsuit, and the employee appealed.
The employee who brought the lawsuit works for a company that pays its employees weekly. The pay period runs from Sunday through the following Saturday. The company pays its employees on the second Monday after the end of the pay period, which is nine calendar days after the end of the pay period. If Monday is a holiday, it pays its employees on Tuesday, which is 10 calendar days after the end of the pay period.
So, for example, if the pay period runs...
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