California Final Paycheck Law – All You Need to Know

When you work for an employer, you are entitled to receive your contracted pay for the hours you have worked or the jobs you have completed. This rule is simpler in situations where you remain employed and receive consistent paychecks.

You may, however, be wondering about the procedure if you quit or are fired from your job. The answer can be found in the California final paycheck law.

Trusted California Employment Law Attorney

Briana Kim, PC, understands the importance of receiving the money you are owed for the work you accomplished in a timely fashion. We have represented multiple clients who experienced difficulties with receiving their final paycheck.

Regardless of the size of the paycheck your employer is withholding, we treat all our clients equally and will work diligently to help you get what you are owed.

Rules for Your Final Paycheck

California Labor Code 201 outlines what should occur with an employee’s final paycheck if they have been fired or quit. There are multiple potential outcomes, heavily dependent on who ended the relationship and the amount of notice given.

If an employer terminates the relationship, then they are expected to provide all owed wages, including any unused benefits, on the same day that the job ends. Employers are not given a grace period between the employee’s final day and when the employee must be provided with their final check.

If the employee terminates the working relationship by quitting, then the timing of their notice determines when they should receive their final paycheck.

If an employee provides at least 72 hours’ notice, then they can expect to receive their final check on their final working day. If an employee provides less than 72 hours of notice, the employer is allowed 72 hours to make the paycheck available. If an employee quits outside of normal business hours, the employer has 72 hours after reviewing the email to respond with the paycheck.

There are, however, permitted withholdings from your final paycheck. Your previous employer is permitted to withhold deductions required by federal and state law, deductions permitted by salary agreements, and deductions for insurance costs.

Late Final Paycheck

If an employer fails to provide the final paycheck in accordance with the law, they can face penalties. If an employee is kept waiting beyond what the law permits, they can be entitled to fines totaling eight times a day’s pay for each day they must wait for their final paycheck. This means an employee who makes $25 per hour can be entitled to $200 for every day they are kept waiting.

Your final paycheck has been earned, and you are entitled to receive it. The poverty rate across California in 2023 was 13.2%, meaning many of our citizens truly cannot afford for their employer to withhold their rightful property.

Briana Kim, PC, understands the importance of a final paycheck and can help you hold your previous employer accountable.

Why Hire an Employment Lawyer With Briana Kim, PC?

Employment law concerns can have far-reaching impacts on your life, especially when the concern is related to your income. If you are fired or quit your job, you should not be kept waiting for your final paycheck, and if you are, you deserve to be appropriately compensated.

Briana Kim, PC, understands the complex nature of employment law concerns and has dedicated herself to becoming an authority in the field.

We are compassionate, focused, attentive, and experienced- a combination that has supported us well as we navigate final pay concerns for our clients. We have been described as committed to justice, a pleasure to work with, and knowledgeable on employment law. Our goal is to maintain these standards for our future clients.

FAQs

What Happens if My Employer Refuses to Pay My Final Paycheck?

If your employer does not pay your final paycheck, you do have some options. You can contact your previous employer in writing to let them know you have not received your final paycheck. If that does not resolve your issue, then it is time to take further steps. If your paycheck is late, it is recommended that you speak with an employment law attorney to explore your options.

What Is the Seven-Minute Rule for Payroll in California?

The seven-minute rule for payroll in California permits employers to alter clock-in and clock-out times to the nearest 15 minutes. If you clock in one to seven minutes past the hour, your employer can round your time down to the nearest whole hour. If you clock in eight to 14 minutes past the scheduled time, then your employer must round your time up.

Do I Need an Attorney if My Previous Employer Is Refusing to Give Me My Final Paycheck?

Though there is some recourse you can accomplish on your own if your previous employer is refusing to give you your final paycheck, it is frequently recommended to retain a skilled employment law attorney. Employment law attorneys understand the law and can help you receive all the compensation you are owed for being forced to wait for your final paycheck. If you are in this position in California, the Briana Kim, PC, team can help.

What Is the 72-hour Rule in California?

The 72-hour rule is the maximum amount of time an employee can be kept waiting for their final paycheck after they quit. If an employee does not receive their final check within this time window, the employer may be required to pay the employee a fine for every day they are kept waiting. This pay must be added to the final pay statement.

Skilled Legal Consultation in the Golden State for Final Paycheck Cases

Regardless of the circumstances related to your previous job ending, you are owed all the pay for the work you put in. An employer that fails to follow the law when an employee is terminated or when they quit can be required to pay additional funds to you.

If you believe that you are in this position, speaking with a compassionate employment law attorney is a must. The team, led by Briana Kim, PC, is ready to fight for you and your rights, ensuring you receive the compensation you have earned.

If you are in this position, please contact our office today to explore how we can assist you.