There is absolutely no excuse for an employer to fail to pay an employee on time. Whether the employee is paid late, a paycheck bounces, or a final paycheck is not issued in a timely manner, all of these are frustrating experiences run afoul of California employment law statutes and are actionable in Court.
An employer is required to pay a California employee a minimum of two times per month. If an employer fails to follow the twice per month pay schedule for a paycheck, they can be held responsible in Court for penalties, interest, attorneys’ fees and costs.
Rist Law Offices handles late paycheck and final pay cases throughout San Diego and California. We have helped thousands of clients to recover millions of dollars in unpaid wage and penalties when an employer fails to correctly pay an employee.When Are Employees Required to Receive Paychecks in California?
California requires employers to pay employees at least twice during each calendar month on days that have been identified in advance. Labor Code Section 207 actually requires that an employer post a notice showing the date, time and location of the payment.
Any overtime earned by an employee must be paid no later than on the payday for the next regular payroll period under Labor Code Section 204.
An employee who has been terminated, fired or discharged must be paid all of their outstanding wages immediately at the time of the termination. It is important to note that for purposes of a final paycheck, all accrued vacation must also be paid with this final paycheck.
If the employee quits, an employer must pay the final paycheck within 72 hours. An exception to this rule is if the employee provides prior notice of 72 hours or more that they are going to quit. In this scenario an employer is required to pay the employee all outstanding wages on the date that they quit.
As with many of the provisions of the California Labor Code, there are exceptions to the timing of payments and how payments can be made depending on the type of work an employee performs. It is important to run through all of this information with an experienced San Diego Late Paycheck Lawyer at the time of an initial consultation.What Can I Do if My California Employer Paid Me Late?
California law imposes strict penalties against an employer when an employee is paid late. For a regular paycheck, an employer can be held responsible for a penalty of $100 for the first violation and $200 for each subsequent violation plus 25 percent of the amount unlawfully withheld pursuant to California Labor Code Section 210.
If an employee has been terminated and quit and was not paid on time, penalties known as “waiting time penalties” accrue for every single day that a final paycheck is late. Waiting time penalties are equal to the average daily wage for every date the final paycheck is late. These penalties are capped at a maximum of thirty (30) days.
As an example, if an employee typically worked eight hours a day and their rate of pay was $14.00 per hour, this equals a waiting time penalty of $112 per day for every day that the employee is not paid. The thirty (30) day cap in this example would lead to $3,360 in penalties if the employee was not paid the final pay for in excess of thirty (30) days. This amount could also be higher if the employee typically worked overtime.
Attorney’s fees and costs are also recoverable if a case is filed as a result of an employer failing to issue a final paycheck in a timely manner.Contact a San Diego Late Paycheck Lawyer for Help with Your Case
Our office has a strong history of holding employers accountable for withholding wages from employees. If you have quit a job or have been terminated and have not been paid your final paycheck, call us at (619) 377-4660 to discuss your case. We offer free consultations to employment clients and there is never a fee unless we recover money for you.