When you must get your last paycheck in California

Losing a job is hard. Waiting on money you already earned makes it harder. Here is what the law says, and what you can do.

This page covers when your last paycheck is due. It is general information, not legal advice. Filing a claim? See How to file a wage claim. Your other rights at work: Your rights at work, with or without papers.

I was fired or laid off. When is my pay due?

Right away. When your employer ends your job, all the wages you earned are due at that moment (Labor Code 201). That means your last day, not the next payday. A layoff counts the same as being fired. You should be paid at the place where you were let go.

One exception: if your employer gives you a set date to come back to work within the same pay period, and you do come back, the Labor Commissioner has said your pay can wait until the next regular payday. No return date set? Your pay is due right away.

Your final pay includes every hour you worked, any overtime, and all unused vacation or paid time off you earned.

Work in film or TV, oil drilling, or seasonal food canning? A different clock may apply. See special rules.

I quit. When is my pay due?

It depends on how much notice you gave (Labor Code 202).

• You gave at least 72 hours' notice: your pay is due on your last day.
• You gave less than 72 hours' notice, or none: your employer has up to 72 hours after you leave to pay you.

Quit without notice? You can ask your employer to mail your final check to an address you choose. The day they mail it counts as the day you were paid. If you do not ask for mail, the check is paid at the employer's office in the county where you worked.

These rules apply if you did not have a written contract for a set length of time. Most workers do not have one.

Do I get paid for vacation I did not use?

Yes. In California, vacation you earn is part of your pay. When your job ends, your employer must pay all your earned, unused vacation at your final rate of pay (Labor Code 227.3). A "paid time off" plan that combines vacation and other days follows the same rule.

• Your employer may not take away vacation you already earned, even with a "use it or lose it" policy.
• A union contract can set different vacation rules. In a union? Ask your union representative.
• Sick leave is different. Unused paid sick leave is usually not paid out when you leave, unless your employer's policy says it will be. If the same employer hires you again within 12 months, your unused sick leave must be given back. See Paid sick days in California.

What if my employer pays late?

They may owe you more. If your employer willfully pays your final wages late, they owe you a waiting time penalty (Labor Code 203). Your wages keep adding up as if you were still working: one day's pay for each day you wait, for up to 30 days.

• Every day counts, including weekends and holidays.
• "Willfully" does not mean your employer meant to harm you. It means they knew they had not paid and it was in their control. Saying they did not have the money is not an excuse.
• A real disagreement can stop the penalty. If your employer has a good faith reason to believe it does not owe the money, the penalty may not apply. It must still pay the part it agrees it owes, right away, without making you sign anything.
• If you stay away on purpose or refuse full payment when it is offered, you cannot count those days.
• If you quit without notice, penalties may still apply even if you do not go back to ask for your check. The Labor Commissioner decides this case by case.

How to figure it. Your daily rate is your usual pay for one day. Overtime that is part of your regular schedule counts. Overtime you work only now and then does not.

For example, if you earn $20 an hour and work 8 hours a day, your daily rate is $160. If your check comes 10 days late, the penalty is $1,600. The most it can reach is 30 days, or $4,800 in this example.

You have as long to claim the penalty as you have to claim the unpaid wages. For most unpaid wages, that is 3 years. See How far back can I claim?

Are there special rules for my kind of work?

Yes, for a few kinds of work.

In a union? Read your contract or ask your representative. Some contracts change the rules for vacation pay too.

What should I do if my pay is late?

Act now. California's labor laws protect all workers, whatever their immigration status.

1. Write down your dates. Your last day, whether you were let go or quit, how much notice you gave, and when you got paid, if at all.
2. Ask in writing. Send a short letter, email or text asking for your final pay. Use the letter on this page. Keep a copy or a screenshot. This is not required, but it gives you a record.
3. Do not sign anything to get money you are owed. Your employer must pay wages that are not in dispute without asking you to sign a release.
4. File a wage claim with the California Labor Commissioner if you are still not paid, or were paid late. On the claim form, check the box for waiting time penalties. See How to file a wage claim for the form, where to file and what happens next.
5. Get free advice if you are unsure. See Who can help?

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: questions about final pay and wage claims. Call 833-526-4636. Paydays, pay periods and final wages (dir.ca.gov)
• Legal Aid at Work: a free and confidential workers' rights clinic for people within its income limits, or age 60 and over, with help in Spanish, Mandarin, Cantonese and many other languages. It lists an East Palo Alto line at (415) 404-9093. Workers' Rights Clinic (Legal Aid at Work)

Is there a letter I can send?

Yes. Copy it by hand, type it, or send it as an email or text. Fill in the blanks. Keep a copy for yourself.