First, in California, an employee and employer should check their employment handbook to determine whether there is a written agreement for a final payment. If there is not written agreement, and even if the employee quits without prior notice, an employer must pay the wages within 72 hours. California Labor Code section 202.
Employers should take notice of the 72 hour rule so that they are not subject to any penalties. Specifically, employers should note that an employee is entitled to be paid by mail if requested and the employee designates a mailing address. When an employer receives this request, the employer should make sure that the check is mailed in a timely manner. For purposes of the 72 hour rule, the date the payment is mailed is deemed the date of payment. California Labor Code section 202.
If the employee does not provide a mailing address, then the employer must pay the employee at the place that they were fired. If an employee quit, then the employee must be paid at the office or agency of the employer in the county where the employee worked. California Labor Code section 208. Note the exception, though: if an employee gives at least 72 hours’ notice of his intention to quit, then the wages must be paid at the time of quitting. California Labor Code section 202. Check out the full text of the law here.
Rodriguez Lopez, APC represents plaintiffs and defendants in employment law litigation. To schedule a consultation with a Los Angeles employment attorney, please Schedule an Appointment.
Check us out on Avvo.
Check out these related topics:
