Understanding California’s Rules on Collecting Your Final Paycheck
In California, employers are required by law to give their employees their final paycheck after the termination of their employment. According to California labor laws, payments should be made on regular paydays or at least twice during each calendar month. Any wages earned between 1st and 15th of the month in question should be paid before 26th of that month. Likewise, wages earned on the 16th day of the month should be paid before 10th of the following month. And if the employee had worked overtime, the employer is obligated by law to add the amount in the next regular pay period. The employer must also pay all the accrued vacation at the time of termination.
When an employee is laid off/fired, he or she is entitled to the final paycheck immediately. On the other hand, if an employee quits without giving notice the employer is bound by law to give the final paycheck within 72 hours. But, if you quit by giving three days notice to your employer, you should have your paycheck on the last working day. However, you’re not entitled to any payments on unused paid sick hours. And in case you have a mutual agreement with the employer to mail the last paycheck, he cannot force you to come to the office to pick it.
What are the unique rules to specific industries?
Film industry
All short-term employees involved in broadcasting or motion picture production should collect their paychecks from the employer the next regular payday. But, if the employees are working under a collective bargaining agreement, alternative provisions on final payments may apply.
Agriculture industry
Seasonal employees who work with canning or drying fish, vegetables or perishable fruits are entitled to payments within a reasonable time not exceeding 72 hours.
Live entertainment
Any employee working at live concert events should collect his or her final pay as provided in the bona fide collective bargaining agreement.
Oil industry
Employers who lay off employees engaged in oil drilling should be paid within 24 hours, excluding weekends and holidays.
Waiting Time Penalties
If you’ve been terminated and your employer has failed to submit the final paycheck, you’re a victim of wage theft. For each day the employer delays the last payment, you’re entitled to collect money as a waiting time penalty on your previous employer. In California, this penalty is calculated by taking the employee daily rate and then multiply by the number of days that remain unpaid (up to 30 days). Even after collecting final paychecks on time, employees may still be entitled to waiting time penalty if they did not receive all compensation.
If your employer has failed to give the final paycheck on time, you should seek the services of UELG (united employee law group) to file a lawsuit against him or her.
Photo Credit: Shutterstock/ DenisNata