You work hard at your job, and you want to know that you’re going to be paid in a timely manner. Lately, your check hasn’t been coming on its typical day. You’re worried that your employer might be breaking the law. What is the law, though?
In California, if you earn wages between the first day of the month and the 15th day of the month, the Labor Code requires that you are paid no later than the 26th day of the month. For wages earned between the 16th and last day of the month, you must be paid by the tenth. This requirement helps guarantee that workers will rarely go longer than two weeks without a paycheck when working throughout a month.
If you are discharged from a job, you must be paid at the time of the termination. That includes being paid all your wages along with any accrued vacation time wages. If you are terminated through being laid off, then the company has 72 hours to pay you after the layoff takes place. If you provide a mailing address, the company should send you a check by mail.
If you decide to leave a job and give at least 72 hours of notice, then you will be paid within 72 hours of quitting if your job has a written employment contract for a specific time period. If you don’t provide 72 hours of notice, then the employer has up to 72 hours to mail you your final payment. The time stamp on the mail must fall within the 72-hour window.
There are exceptions to every rule, so if you’re concerned about your pay, your attorney can help you understand your rights and the laws that apply to your case.
Source: State of California Department of Industrial Relations, “Paydays, pay periods, and the final wages,” accessed Aug. 10, 2017