Legal Question in Employment Law in California

With regard to CA Labor Law & 72 hours to pay

I must have asked the question wrong - I cannot find it anywhere in the archives here. Here is the situation:

My official resignation went out July 1, 2008 at 7:45AM. I would have expected to receive my final paycheck by July 7, 2008 at the latest. I was a bit concerned upon discovering that after my inquiry on the 7th of July, my final pay had not even been processed by my former company. California labor law gives the employer 72 hours to either have a postmark on the final paycheck to be mailed or to have arranged to have the employee pickup his or her paycheck AFAIK. They did neither.

It was not until the 8th of July that we came to an agreement, and only because of my urging it on.

July 2-7 (I was paid for the 1st, and we settled on the 8th) comes to [a set amount].

I owe for relocation reimbursement, do I still have the right to claim the penalty money and apply it to the reimbursement?


Asked on 8/10/08, 2:54 pm

1 Answer from Attorneys
Steven Miller Steven L. MIller, a Professional Corporation

Re: With regard to CA Labor Law & 72 hours to pay

You owe for relocation reimbursement? I would want to know more information about that, and consider whether you truly do as per labor code section 2802. Furthermore, as you suggested, you may be entitled to waiting time penalties under labor code section 203 of up to 30 days. You can review a number of resources on my web page including the labor code section I have cited. Please visit www.californiawagelawyer.com

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Answered on 8/11/08, 2:54 pm


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