California Paycheck Laws
California is one of the most protective states when it comes to the rights of an employee, including to be paid on time. The California laws on paydays and paychecks cover the information your employer must give with your paycheck, when you must be paid when you must get your final paycheck if you’re fired or quit the job, and what that final paycheck should include.
Unfortunately, in this imperfect world, some employers may break these fundamental laws and nobody likes dealing with issues at work. That is why you are likely to require a California employment attorney at some point and when it is time to make that phone call, we at UNITED EMPLOYEES LAW GROUP strive to make it as painless as possible.
California Payday Laws
Generally, employees in California have a right to be paid at least twice every month. The compensation earned from 1st to 15th of the month must be paid no later than the 26th day of the same month. On the other hand, the compensation earned from 16th of the month through the end of the month must be paid no later than the 10th day of the next month.
If an employer pays workers every week, every two weeks, or twice per month based on a different earning schedules, it may act under the California payday laws by paying workers for work performed within 7 days after the pay period has elapsed. For instance, an employer who pays his or her employees every 2 weeks is following the law as long as it pays the employees within a week after every two-week payroll period closes.
Employers must designate paydays which meet the requirements above and notify their employees of the date, time, and place they’ll be paid.
The laws give some exceptions for certain kinds of employees. For instance, administrative, executive, and professional staff (as defined by the overtime laws of California’s) may be paid only once a month, as long as they’re paid by 26th of the month and the paychecks includes their total salary for the month. Workers who work for a particular farm labor contractor must be paid each week.
Payroll Records Request
California workers are also entitled to scrutinize their payroll records within three weeks of a request to an employer. Moreover, you may request a copy of your payroll records, though your employer may charge you for affordable copying costs. In case your employer fails to provide you access to your records, you may be owed a penalty of $750 from your employer.
Rules for Final Paychecks
If you’re laid off, fired, or otherwise unwillingly separated from your job, you’re entitled to your final paycheck immediately (that’s, at the time of your layoff or firing). Your employer may not wait until the following scheduled payday or even the next calendar day to pay you what you’re owed. Your final paycheck must include all of your PTO or accrued, unused vacation time.
If you resign from your job and give your employer a notice of less than 72 hours, your employer must pay you within three days. If you provide your employer notice of at least 72 hours, you must be paid immediately on your final day of work. Like employees who’re laid off or fired, your final paycheck must include all of your PTO or accrued, unused vacation time.
To discourage the employers from delaying employees’ final paychecks, California allows any employee to obtain a “waiting time penalty” in the amount of his or her average wage for every day which the check is late, up to a maximum of thirty days.
The tenacity and experience of our employment attorneys can mean all the difference when it comes to the outcome of your California Labor Law Case. While several employment attorneys focus mainly on harassment or discrimination, our team knows all the ins and outs of the meal and break periods, overtime claims, and some other payroll related claims too.
We cover them all for a very good reason: many employers willing to break a single law are often willing to break another. Therefore, our California employment attorneys will examine your case from ALL angles in an effort to assist you to collect everything you’re owed.
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