FINAL PAYCHECK
California law states that all employees must be paid all of their wages, including overtime, commissions, unpaid vacation, and missed meal and rest breaks, when the employment relationship ends.
- If you were fired Due Immediately
- If you quit Due within 72 hours
- If you quit with 3 days notice Due Immediately
If you have not been paid your full wages, including overtime, you may be entitled to collect 'Waiting Time Penalties' in addition to the actual wages owed. Waiting Time Penalties include your daily pay for up to 30 days.
DID YOU KNOW:
*Assessment of the waiting time penalty does not require that the employer intended the action or anything blameworthy, but rather that the employer knows what he is doing, that the action occurred and is within the employer’s control, and that the employer fails to perform a required act
- A one year statute of limitations applies to claims that only seek waiting time penalties relating to late payment of wages under Labor Code section 203.
- A three year statute of limitations applies to claims that also seek the unpaid wages.
- Waiting Time Penalties Also Apply to Bad Checks.
- Waiting time penalties do not apply to independent contractors.
For more information about your Final Paycheck see Opinion Letters from the California Division of Labor Standards Enforcement:
| Letter No. |
Description |
| 2003.04.30 |
(Commissions: Post termination) |
| 1999.09.23 |
(Waiting time penalty) |
| 1996.11.20 |
(Waiting time penalty: "Willfulness" (inability to pay)) |
| 2003.01.28 |
(Waiting time penalty: Calculation/Vacation) |
| 1996.05.30 |
(Discharge: Layoff) |
| 1993.05.04 |
(Discharge: Layoff vs. shutdown- 10 day rule) |
If you were not promptly paid your wages due upon discharge, Please call our office at (310) 277-2323 or contact us online for a free consultation.
Let us help you recover the wages and benefits you are owed.
