There aren’t many states that protect employee rights more than California, including the right to receive payments on time. Paycheck and payday laws in California outline when you should be paid, what information your employer must include with your paycheck, when you should receive your final paycheck upon leaving or being fired, and what information should be included.
Laws Regarding California Payday
The state of California generally requires that employees receive at least twice a month’s pay. The 26th day of the same month must be the date by which any compensation earned between the 1st and 15th of the same month is payable. The payment of compensation from the 16th of the month through the end of the month must be made no later than the 10th of the following month.
Employers who pay their employees on a different earning schedule such as weekly, every two weeks, or twice a month, may comply with payday laws by paying them for work performed within seven days of the end of the pay period.
It is the employer’s responsibility to plan paydays that meet the above requirements and notify employees when, where, and how they will be paid.
A few types of employees are exempted from the laws. According to California’s overtime laws, executive, administrative, and professional employees may only receive a paycheck once a month, as long as it is dated by the 26th of the month and includes their entire salary for that month. Contractors who employ farm laborers must pay them every week.
Your Pay Stub Must Include These Items
Each paycheck in California must include an itemized written statement from the employer. You must include the following information on this statement, which can be attached to your pay stub or a separate document:
- Gross earnings of the employee during the pay period
- The number of hours an employee worked during a pay period
- Any piecework that the employee produced and how many units and what rate it was
- The employee’s deductions from pay
- Net pay of an employee
- When a pay period begins and ends
- An employee’s name and Social Security number last four digits
- Complete employer information, including full name, address, and phone number
- The employee’s hourly rates and the number of hours they worked at each rate during the pay period.
How does Payroll Records Request Work?
California employees can also inspect their payroll records if they request this from their employers within 21 days of their request. The employer may also charge you for reasonable copying costs if you request a copy of your payroll records. Your employer may be required to pay you a penalty of $750 if it denies you access to your records.
What are the Final Paycheck Rules for Final Paychecks?
You are entitled to receive your final paycheck immediately (that is, at the time of your dismissal or layoff) if you have been fired, laid off, or otherwise involuntarily separated from your job. In some cases, your employer may not wait until the next payday or even the next business day to pay you. Furthermore, all accrued, unused vacation, and PTO time must be included in your final paycheck.
Your employer is responsible for paying you within 72 hours if you give less than 72 hours’ notice of quitting. On the last day of your employment, you must be paid immediately when you give your employer 72 hours’ notice. The final paycheck you receive must include all unused vacation time or PTO that you accrued during your employment.
Employees can collect a “waiting time penalty” to discourage employers from delaying final paychecks, based on their daily average wage up to 30 days after a check is due.
Get In Touch With an Employment Lawyer
Contact an employment lawyer at Siman Law Firm to discuss your legal options if your employer refuses to issue your final paycheck or pay you on time.