Our Blog

Read about legislation, cases, law news on how our
work is helping our clients.

In recent months, many people throughout California have lost their jobs or had work placed on hold. As the economy slowly restarts, some business owners might decide to permanently reduce their workforce or close their doors permanently. In addition, some people might decide they need to quit their jobs to stay home with children who no longer have childcare or to avoid risks of illness. 

No matter how your employment ends, it is important that you properly receive your final paycheck. California law has strict requirements for this, and employers who fail to provide final payment as required should be held accountable. Never hesitate to seek help from a California employment law attorney.

Final Paycheck Requirements in California 

Labor laws in California require employers to provide final pay as follows:

  • If someone is terminated, pay must be provided on the same day the employment was terminated
  • If someone quits, the employer has 72 hours to provide the final paycheck

The final paycheck must include wages for all time worked, reimbursement for business expenses, as well as the cash value of benefits, such as vacation time not taken. The above requirements apply even if a business is closing its doors.

What if You Do Not Receive Your Final Check?

The California Department of Industrial Relations (DIR) takes the requirements for final pay very seriously. If you do not receive your pay on the day you were terminated or within 72 hours of quitting, you are entitled to penalties for your waiting time. The penalties equal one day’s worth of pay for each day your employer is late with your final paycheck. This is in addition to the wages, business expenses, and compensation for paid-time off that you already deserve. 

For example, an employee who earns $20 per hour and works eight hours a day would typically receive $160 for a day’s wages. The employer terminated the employee and did not provide the final paycheck for ten days. This means that the employee could recover their final pay, as well as ten days’ worth of wages ($1,600) for the waiting time penalty.

As you can see, these penalties add up quickly. The maximum penalty that an employer faces to an employee is 30 days of wages. The above employee’s penalties would cap out at $4,800 if the employer was a month late or later with the final paycheck. It is important that employees who are denied their final check in a timely manner have the right attorney who knows how to seek both their earned pay and the penalties they deserve. 

Contact a California Employment Law Attorney Right Away

When you lose (or quit) your job, you still have your housing payment, utilities, and other bills to worry about. Having your final paycheck in a timely manner is essential moving forward. The Mara Law Firm helps employees obtain the wages and penalties they deserve from their former employers. Call (619) 234-2833 or contact us online for a consultation today. 

Share here...

FREE CASE REVIEWRequest Consultation

Fill out the form 24/7 and our legal team will immediately reach out to you about your situation

  • I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I f...

    Mara Law Firm ClientSan Francisco

  • He represented me and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

    ScottSan Francisco

  • I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

    Mara Law Firm ClientSan Francisco

  • Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

    AlbertSan Francisco

  • I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. Sh...

    Jerome HarrisSan Francisco

  • Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and his associates to my friends, family, and others needing an attorney who specializes in ...

    Sally A ChandSan Francisco

  • Dave Mara did an outstanding job on my DBA case. Dave, I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured overseas contractors.

    Jim Joned San Francisco

  • Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly re...

    DebSan Francisco

  • Dave Mara comes with a very high recommendation. He took a workmans compensation case for me and really handled it well. It was an unclear case and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight (I was the victim of...

    Linda DSan Francisco

View All Testimonials

Request your confidential & free case consultation

If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.

all fields are required*