California's labor laws require employers to pay workers on time. California labor laws establish clear deadlines for when employers must pay their employees, both during regular employment and upon separation. These laws are designed to protect workers and ensure they receive their earned wages promptly. Whether you're dealing with regular payday schedules or waiting for your final paycheck, understanding these timelines can help you know your rights and take appropriate action if needed.

This comprehensive guide will break down everything you need to know about California's payday laws, final paycheck requirements, and what happens when employers fail to pay on time.

If you believe your employer owes you unpaid wages, contact an experienced unpaid wages lawyer in Los Angeles who can help fight for your rights and help you secure fair compensation for your losses. To schedule a free consultation with an experienced attorney, simply fill out the contact form on this page.

Key Points

• Regular Paychecks: Weekly/bi-weekly employees must be paid within 7 days; semi-monthly employees by the 26th (for 1st-15th) or 10th of next month (for 16th-end)
• Final Paycheck: Fired: Immediate payment required at termination for most employees
• Final Paycheck: Quit: Same day if 72+ hours notice given; within 72 hours if less notice provided
• Waiting Time Penalty: Up to 30 days of daily wages if employer willfully delays final paycheck
• Final Paycheck Must Include: All wages, overtime, earned commissions/bonuses, and unused vacation/PTO
• Take Action: Document everything, demand payment in writing, file DLSE wage claim, or consult employment lawyer

Table of Contents

• When Are Employers Required to Pay You in California?
• Unpaid Wages After an Employee Quits or is Terminated
• What Must Be Included in Your Final Paycheck?
• What Happens If Your Employer Doesn't Pay on Time?
• How to Take Action If You Haven't Been Paid
• Unpaid Wages Lawsuit
• How Much Times Do Workers Have to File a Claim for Unpaid Wages?
• Do You Need to Hire an Unpaid Wages Lawyer?
• Frequently Asked Questions

When Are Employers Required to Pay You in California?

For a vast majority of employees in California, wages must be paid at least twice during each calendar month or on designated days in advance as regular paydays. Under state law, employers are required to notify employees specifying when they will get paid. Wages for any work that is done within the 15 days of the calendar month must be paid between the 16th and the 26th day of that month.

Any work performed between the 16th and last day of the calendar month must be paid between the 1st and 10th day of the following month. It is also important to note that if an employee works additional hours in excess of normal hours, they must be paid overtime wages no later than the specified payday for the next regular payroll.

However, employees who are considered "exempt," which include administrative or executive employees, may be subject to different payday requirements than hourly employees. Exempt workers are typically not subject to certain California wage and hour laws. Exempt workers are also known as "white-collar workers." These employees are usually paid once a month on or before the 26th day of the calendar month. Exempt employees typically receive an entire month's salary at once.

California's payday laws apply to all types of compensation, including hourly wages, salaries, commissions, and bonuses. Here are the specific payment deadlines for different pay periods:

• Weekly Pay: Must be paid within 7 calendar days of the end of the pay period
• Bi-weekly Pay: Must be paid within 7 calendar days of the end of the pay period
• Semi-monthly Pay: Wages earned between the 1st and 15th must be paid by the 26th of the same month; wages earned between the 16th and the end of the month must be paid by the 10th of the following month
• Monthly Pay: Must be paid by the 26th of the same month in which the wages were earned (though monthly pay periods are less common)

Unpaid Wages After an Employee Quits or is Terminated (Final Paycheck)

When an employee quits his or her job or is terminated by the employer, that worker's final unpaid wages must be paid right away at the time of termination. This also includes those workers who are laid off. Unless the employee requests otherwise, this final paycheck should be given at the location of discharge. Also, employers shall not, under California law, put a condition on a final paycheck or make it contingent on an employee signing some type of agreement or waiver. Such an agreement is unenforceable under the law and may also subject the employer to penalties.

Should a worker quit without giving formal notice to the employer, the employer has 72 hours to make the final payment. However, if the employee provides at least 72 hours notice, the employer must issue the final paycheck on the employee's last workday. The final paycheck must include any unpaid wages and unused vacation or paid time off that is accrued. Some workers in certain industries such as those in the motion picture industry, oil drilling business, temp agency workers, etc. may have different final pay rules where they might not get the final paycheck when they are terminated from the job. An experienced Los Angeles employment attorney will be able to advise affected workers and help them better understand their rights and options.

Understanding these rules can help you plan your departure and know exactly when to expect your final wages. Here's a clear breakdown of the final paycheck deadlines:

What Must Be Included in Your Final Paycheck?

Your final paycheck isn't just your regular hourly wage or salary for the days you worked. California law requires employers to include all earned and unpaid compensation that you're entitled to receive. This comprehensive approach ensures that departing employees receive everything they've earned during their employment.

One of the most important components of a final paycheck in California is accrued and unused vacation time or paid time off (PTO). Unlike some other states, California treats earned vacation time as wages, which means it must be paid out when you leave your job. However, sick leave is generally not required to be paid out unless your employer's specific policy states otherwise.

Your final paycheck should include all of the following earned compensation:

• All earned wages (hourly, salary, etc.)
• Overtime pay for any qualifying hours
• Commissions and bonuses that have been earned
• Accrued and unused vacation time or PTO

What Happens If Your Employer Doesn't Pay on Time? The "Waiting Time Penalty"

California takes wage payment violations seriously, which is why the state has implemented the "waiting time penalty" for employers who willfully fail to pay final wages on time. This penalty serves as both compensation for the employee's inconvenience and a deterrent for employers who might otherwise delay payment.

The key word here is "willfully," which means the employer knew they were required to pay the wages and chose not to do so. This isn't about honest mistakes or administrative errors – it's about deliberate violations of wage laws. If an employer willfully fails to pay your final wages on time, they may owe you additional money beyond what you originally earned.

The waiting time penalty is calculated as your daily rate of pay for each day the payment is late, up to a maximum of 30 days. This can result in a significant additional payment, especially for higher-paid employees. California law provides this penalty to ensure that employer not paying on time California situations are resolved quickly and fairly.

However, there is a "good faith dispute" exception to the waiting time penalty. If your employer has a legitimate, good faith dispute about the amount of wages owed (not whether wages are owed at all), they may not be subject to the penalty. This exception is narrow and typically applies only when there's a genuine disagreement about calculations or entitlements.

Example: If you earn $200 per day and your final paycheck is 10 days late without a good faith dispute, you could be entitled to a waiting time penalty of $2,000 ($200/day × 10 days) in addition to your final wages.

How to Take Action If You Haven't Been Paid

If your employer hasn't paid you according to California's wage laws, don't just wait and hope the situation resolves itself. You have specific rights under state law, and there are concrete steps you can take to recover your unpaid wages.

Here's a step-by-step approach to address unpaid wage issues:

1. Document Everything: Keep detailed records of your hours worked, pay stubs, employment contract, and any communication with your employer about your pay. This documentation will be crucial if you need to file a formal complaint or legal action.
2. Send a Written Demand: Contact your employer with a formal, written request for your unpaid wages. Be specific about the amounts owed and reference the applicable deadlines under California law. Keep a copy of this communication for your records.
3. File a Wage Claim: You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) at no cost. The DLSE will investigate your claim and can order your employer to pay unpaid wages plus penalties. You can file online or visit a local DLSE office.
4. Consider Legal Counsel: For complex cases involving significant amounts of money or if you believe your employer has engaged in a pattern of wage violations, it may be beneficial to speak with an employment lawyer who specializes in wage and hour law.

Unpaid Wages Lawsuit

If you are owed unpaid wages, you may be able to file a lawsuit against to employer to recover those unpaid wages in addition to other damages. An employer who pays late wages or fails to provide a final paycheck on time may be in violation of wage and hour laws as well as other state and federal labor laws. Under California wage and hour laws, a worker or a group of workers may file an unpaid wage lawsuit or class action against their employer seeking damages for:

• Unpaid wages
• Unpaid overtime wages
• Hours worked off the clock
• Rest and meal periods that were not provided
• Minimum wage requirements not met
• Delayed payment of wages

Learn more about unpaid wage settlements here.

How Much Times Do Workers Have to File a Claim for Unpaid Wages?

Typically, you have three years from the most recent wage violation to file a claim and file an unpaid wage lawsuit. However, this timeframe could change if you unpaid wages claim stems from a breach of employment contract. In those scenarios, you may have only two years to bring a claim. It is important to understand that the time limits could vary depending on the type of wage violations. An experienced California employment lawyer can help determine how much time you have to bring a claim for unpaid wages.

Getting Help From An Unpaid Wages Lawyer

California law does not require employees to retain the services of an employment lawyer to file an unpaid wages claim. However, if you are looking to file an unpaid wages lawsuit or thinking about joining a class action lawsuit, it would be in your best interest to contact an experienced LA wage and hour attorney. At Kingsley Szamet Employment Lawyers, we handle all types of unpaid wages claims and fight hard to protect the rights of employees in California. Call us today for a free consultation.

Frequently Asked Questions

What happens if I don't get paid on payday?

If you don't receive your paycheck on your regular payday, contact your employer immediately to inquire about the delay. If the issue isn't resolved promptly, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE), and late payments may result in penalties for your employer.

How long can a company take to pay you?

For regular paychecks, weekly and bi-weekly employees must be paid within 7 days of the pay period end, while semi-monthly employees have specific deadlines based on which half of the month they worked. For final paychecks, you must be paid immediately if fired, on your last day if you quit with 72+ hours notice, or within 72 hours if you quit with less notice.

How long does my employer have to pay me after I'm fired?

In California, your employer must give you your final paycheck immediately at the time of termination in most cases. While narrow exceptions exist for certain industries, the vast majority of California employees are entitled to immediate payment upon termination.