Legal Question in Employment Law in California

Hello,

I just ended a temporary job on Dec 31st here in San Diego. I expected to receive my final paycheck on that day, but I did not receive it until January 10th. When I asked human resources why this was, they stated: "The job reason was End of Assignment and they go thru the regular pay cycle." Is this a legitimate reason for them to not give me my paycheck on my last day?

Thanks much,

Jonathan


Asked on 1/28/16, 5:00 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

California law requires employers to pay an employee all of their earned wages on the day the are laid off or within 72 hours, if the employee quits without notice. Willful failure to pay the employee when they are supposed to subjects the employer to a day's pay for each day the final paycheck is late, up to a maximum of 30 days. Waiting to pay an employee their final wages through the pay cycle is not an excuse and is deemed to be a willful failure to pay timely. Most employers do not voluntarily pay the late penalties, though you can try to convince the company to do so by written demand. More than likely, you would have to file a claim with the Division of Labor Standards Enforcement, if you think it is worth the time and effort.

Read more
Answered on 1/29/16, 9:42 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California