Legal Question in Employment Law in California

Incorrect paycheck w/incorrect deductions

On my last paycheck I was not paid for 8 hours of pto(paid time off) and also the amount deducted for my insurance coverage, it's usually $33.00 per pay period. The amount deducted was $145.00.My boss who has a separate company that handles payroll and human resources, says it was a computer glitch. I was given a check to correct the error, but it still was not the correct amount and the pto time was not included. Tomorrow is my last day at this job and I have given two weeks notice but am leaving 2 days early. So my questions are... Should I expect all of my pay tomorrow?

If not how long before my boss has to pay me in full?I truly appreciate all and any advice. Thank you so much.


Asked on 11/20/03, 11:18 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Incorrect paycheck w/incorrect deductions

In California, if you have given an employer at least 72 hours notice of your last day of work, you must be paid, in full, on your last day. If no notice is given, the law requires that you be paid within 72 hours after your last day.

If the employer fails to pay all wages due, they may be subject to the equivalent of a full day's pay for every day they are late, up to a maximum of 30 days.

If it looks like you are going to have a problem getting paid what you are owed, file a complaint with the California Labor Commissioner's Office.

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Answered on 11/25/03, 5:57 pm


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