What Is Failure To Timely Pay Wages?
California law requires employers to pay their employees their earned wages within a specific time period during their employment and their final wages upon an employee’s termination of employment.
If you believe your employer has failed to timely pay wages, do not hesitate to contact the employment lawyers at Brock & Gonzales LLP. Send us an email or call 310-294-9595. We have offices in Los Angeles, Oakland, and Sacramento, and our attorneys fight for the rights of employees throughout California.
When does an employer need to pay wages during employment?
Most employers in California must be paid a minimum of twice a month. Generally, wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month.
When does an employer need to pay final wages upon termination?
In California, employers must pay final wages to an employee after the termination of their employment either:
- if the employee was fired or laid off, on the same day as his or her final day of work; or
- if the employee quit and gave at least 72 hours of notice, on his or her final day of work; or
- if the employee quit and gave less than 72 hours of notice, within 72 hours after their last day of work.
NOTE: Final wages, includes all unpaid wages, unused but accrued vacation time, and any other time off accumulated by the employee.
What are you entitled to if your employer fails to timely pay wages?
If your employer fails to timely pay regular wages during your employment, your employer may be charged with a $100 penalty for each initial violation and $200 for each subsequent violation. If your employer fails to timely pay final wages after the termination of your employment, they may be subject to waiting time penalties calculated as the employee’s daily rate of pay for each day final wages were not paid, up to thirty days.
Contact A California Employment Lawyer
Brock & Gonzales LLP specializes in wage and hour cases. If you feel your employer has failed to timely pay wages, contact us to set up a free consultation. Please call 310-294-9595 or reach us by email. With offices in Los Angeles, Oakland, and Sacramento, we fight for the rights of employees statewide.