What to do if your paycheck is late or bounces

This page covers regular paydays, late pay, bounced checks and pay stubs. It is general information, not legal advice. Final pay when you quit or are fired has its own rules: see Your final paycheck.

How often must I be paid?

At least twice a month, on regular paydays your employer sets ahead of time (Paydays FAQ):

Your employer must post a notice showing the day, time and place of payment. Not posting it is a misdemeanor.

Some workers have different schedules:

• Exempt managers and professionals can be paid once a month, by the 26th of the month the work was done, if the full month's salary is paid then.
• Workers hired through a farm labor contractor must be paid at least once a week.
• Farm and household workers who get room and board from the employer can be paid once a month, with no more than 31 days between paydays.

Your immigration status does not change any of this. California's labor laws protect all workers.

What can I get if my pay is late?

You are owed your wages, and your employer can also owe a penalty. Under Labor Code 210, when an employer fails to pay on time under the payday rules:

• First time: $100 for each failure to pay each worker.
• Again, or on purpose: $200 for each failure, plus 25% of the amount held back.

You can ask for this penalty in a wage claim, or the Labor Commissioner can collect it as a citation. These penalties are in addition to the wages you are owed.

If your pay is late once and fixed fast, a short written message may be enough. If it keeps happening, file. Late pay is a common sign a business is in trouble, and people who wait often get less.

What if my paycheck bounces?

A paycheck must be good. Labor Code 212 says a pay check must be cashable on demand, without a fee or discount, at a business in California, and the employer must keep enough money in the account to cover it for at least 30 days.

If your check bounces because of no funds or a closed account, Labor Code 203.1 adds a penalty:

• Your wages keep running as a penalty at your daily rate, from the day the pay was due until it is paid, for up to 30 days.
• You must have deposited or cashed the check within 30 days of getting it.
• The penalty does not apply if the employer proves it was truly unintentional.

Do this now:

1. Do not throw away the check. Take a photo of the front and back.
2. Get the bank's return notice or a screenshot showing the returned item and any fee your bank charged you.
3. Tell your employer in writing that the check bounced and ask for payment by a good method. Keep a copy.
4. File a wage claim and check the box for the bounced check penalty (Labor Code 203.1) on the form. The deadline for this penalty is 1 year (How to File a Wage Claim). The unpaid wages themselves reach back 3 years.

What must my pay stub show?

Every payday you must get a written itemized statement, even if you are paid in cash (Paydays FAQ). Under Labor Code 226 it must show:

• Gross wages and net wages
• Total hours worked (not required for exempt salaried workers)
• Each hourly rate and the hours worked at each rate
• Piece rate units and rates, if you are paid by the piece
• Every deduction
• The start and end dates of the pay period
• Your name and only the last 4 digits of your Social Security number, or an employee ID number
• The employer's legal name and address

If your employer knowingly gives you no stub or a stub you cannot understand, you can claim $50 for the first pay period and $100 for each later one, up to $4,000 (Labor Code 226(e)).

No Social Security number? Your employer can use an employee ID number on the stub instead.

Can I see my pay records?

Yes. You, or a former worker, can ask to inspect or get a copy of your payroll records. Your employer must do it within 21 calendar days and can charge only the actual cost of copies. If they do not, you can claim a $750 penalty (Labor Code 226). Ask in writing and keep a copy. The letter below works.

How do I file?

1. Gather what you have: pay stubs, the bounced check, bank notices, texts about payday, your own list of dates and hours.
2. Fill out the claim form. Use DLSE Form 1. Check every penalty that fits: late pay (210), bounced check (203.1), pay stub (226). The form does not ask for a Social Security number.
3. Send it online, by email or mail, or in person. Bay Area offices are in San Jose, San Francisco and Oakland. There is none in San Mateo County (office list).
4. Go to the conference. A deputy will try to help you and your employer agree. Full steps: How to file a wage claim.

What mistakes should I avoid?

• Cashing a check at a check cashing store when your employer's bank would cash it for free. The law says you should not have to pay a fee.
• Waiting past 1 year on a bounced check penalty.
• Agreeing to "wait until business picks up." You can be kind and still file.
• Losing proof. Photograph every check before you cash or deposit it.

Who can help?

• California Labor Commissioner: 833-526-4636, with phone interpreters.
• Legal Aid at Work, Workers' Rights Clinic: free and confidential, income limits or age 60 and up. East Palo Alto line (415) 404-9093 (clinic page).
• San Mateo County Office of Labor Standards Enforcement: Labor Advice Hotline 1-866-870-7725 (county page).
• More: Free help with a work problem in the Bay Area.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Frequently asked questions

Can my employer pay me only once a month? Not if you are an hourly or other nonexempt worker. Twice a month is the minimum. Only exempt managers and professionals, and the room and board cases above, can be paid monthly.

Can my boss pay me in cash? Yes, but you still get an itemized pay stub, and every rule on this page still applies.

My boss pays me with a gift card or store credit. Is that allowed? No. Pay cannot be made in scrip, coupons or cards that can only be used for goods (Labor Code 212).

My bank charged me a fee for the bounced check. Can I get it back? Tell the deputy at your conference and bring the bank notice. A separate service charge may also be possible under state law; a clinic can tell you which option is better for you.

The business closed. Can I still file? Yes. File right away, because money is harder to collect once a business is gone. See Your final paycheck for what is due when a job ends.

We checked these rules on October 21, 2026. Laws change; check the linked pages before you act.