Federal & State Regulations | Final paycheck - California

State Info

Summary of differences between federal and state regulations

Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment or payment within a specific time period.

In California, payment for involuntary termination must be made on the date of discharge. In addition, there are specific requirements for paying employees working in the motion picture and oil drilling industry. There are also specific requirements for seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish, or vegetables. (California Statute §201).

Payment for voluntary termination must be made at discharge if the employer has received 72 hours advance notice. If not, payment must be made within 72 hours after discharge. (California Statute §202).

California has special requirements for temporary staffing agencies to avoid placing undue burden on these employers. Previously, a court had ruled that when a “temp” finishes an assignment, this was considered a discharge and final pay was due immediately. Now, under a new law effective January 1, 2009, if temps are paid weekly, the employer is considered to have provided wages in a timely manner, even if the assignment ends in the middle of the week. There are a few exceptions, however, such as cases when a temp is assigned on a day-to-day basis (in which case wages are due each day).

See Labor Code 201.3 at http://leginfo.ca.gov/pub/07-08/bill/sen/sb_0901-0950/sb_940_bill_20080722_chaptered.html