The California Labor Code specifies that an employee who is terminated
is owed all final wages (including unused vacation) at the time of
termination. The same applies to a layoff (unless there is a
return-to-work date within the same pay period). If an employee quits
giving fewer than 72 hours notice, the employee must receive final
wages within 72 hours of quitting. An employee who quits giving more
than 72 hours notice is entitled to receive a final paycheck on the
last day of work.
A waiting time penalty equal to the employee's daily rate of pay may
be assessed against the employer for each day that overdue final wages
remain unpaid (up to a maximum of 30 days).
Here's some online documentation:
"If you are fired or laid off from your job, all wages (including
accrued, unpaid vacation time) should be paid in full at the time of
termination. If you quit your job and give more than 72 hours' notice,
all wages should be paid at the time you leave your job. If you give
less than 72 hours' notice, all wages should be paid within 72 hours."
Legal Aid Society California Wage and Hour Law, An Overview
http://www.las-elc.org/wageoverview.pdf
"A new law, AB 2410, effective January 1, 2001, amends certain
provisions of the California Labor Code... The changes are to Labor
Code Section 200 - 211 and 215 - 219, which pertain to payment of
wages upon termination, posting requirements and penalties.
The key components are:
Employees who are dismissed must receive their final payment of wages
on the day of dismissal at the location where they have worked.
Employees who resign after giving at least 72 hours (3 days) notice
must receive their final payment of wages on their last day of work at
the location where they have worked.
Employees who resign without giving at least 72 hours (3 days) notice
must receive their final payment of wages within 72 hours (3 days) of
their last day of work. At the employee?s request payment of wages may
be made by mail and the date of mailing shall be the date of payment
for purposes of meeting the requirement of payment within 72 hours."
University of California at San Francisco
http://ucsfhr.ucsf.edu/policies/campus/info.html?x=239
"An employee who is discharged must be paid all of his or her wages,
including accrued vacation, immediately at the time of termination.
Labor Code Sections 201 and 227.3
A group of employees who are laid off by reason of the termination of
seasonal employment in the curing, canning, or drying of any variety
of perishable fruit, fish or vegetables, must be paid within 72 hours
after the layoff. Payment shall be made by mail to any such employee
who so requests and designates a mailing address therefor. Labor Code
Section 201
An employee engaged in the production of motion pictures who is laid
off and whose unusual or uncertain terms of employment require special
computation in order to ascertain the amount due, must be paid by the
next regular payday. However, if such an employee is discharged,
payment must be within 24 hours after discharge, excluding Saturdays,
Sundays, and holidays. Labor Code Section 201.5
An employee engaged in the business of oil drilling who is laid off
must be paid within 24 hours after discharge, excluding Saturdays,
Sundays, and holidays. Labor Code Section 201.7
An employee without a written employment contract for a definite
period of time who gives at least 72 hours prior notice of his or her
intention to quit, and quits on the day given in the notice, must be
paid all of his or her wages, including accrued vacation, at the time
of quitting. Labor Code Section 202
An employee without a written employment contract for a definite
period of time who quits without giving 72 hours prior notice must be
paid all of his or her wages, including accrued vacation, within 72
hours of quitting. An employee who quits without giving 72-hours prior
notice may request that his or her final wage payment be mailed to a
designated address. The date of mailing will be considered the date of
payment for purposes of the requirement to provide payment within 72
hours of the time of quitting. Labor Code Section 202
The place of the final wage payment for employees who are terminated
(or laid off) is the place of termination. The place of final wage
payment for employees who quit without giving 72 hours prior notice
and without specifically requesting that their final wages be mailed
to them, is at the office of the employer within the county in which
the work was performed. Labor Code Section 208 Therefore, it is
imperative that an employee who quits without giving 72 hours prior
notice return to the office of the employer 72 hours after quitting
and request his or her final wage payment.
Direct deposits of wages to an employee's bank, saving and loan, or
credit union account that were previously authorized by the employee
are immediately terminated when an employee quits or is discharged,
and the payment of wages upon termination of employment in the manner
described above shall apply. Labor Code Section 213(d)
An employer who willfully fails to pay any wages due a terminated
employee (discharge or quit) in the prescribed time frame may be
assessed a waiting time penalty. The waiting time penalty is an amount
equal to the employee?s daily rate of pay for each day the wages
remain unpaid, up to a maximum of thirty (30) calendar days."
California Division of Labor Standards Enforcement
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm
Here you'll find the applicable portions of the California Labor Code:
Official California Legislative Information
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243
Google search strategy:
Google Web Search: "california" + "final wages" + "72 hours"
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=california+%22final+wages%22+%2272+hours
I hope this helps. If anything is unclear, or if a link doesn't work
for you, please request clarification; I'll be glad to offer further
assistance before you rate my answer.
Best regards,
pinkfreud |
