How Long Does an Employer Have to Pay You After Payday in California: Legal Timeframes, Rules, and Consequences

Employers in California must pay wages on time or face fines, including back pay and waiting time penalties for delayed checks. Employees may pursue compensation for late or missing pay through legal claims tied to payroll violations under state labor law.

By Brad Nakase, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. When should you expect to get paid?

3. For what duration can you be unpaid by your employer?

4. When should I get my last paycheck from my employer?

5. California penalties for late paychecks

6. What if my company is late regarding my paycheck?

7. Employment attorneys are able to protect your rights

Introduction

Consider this scenario: You report to your restaurant (workplace) in Los Angeles on the payday in a very jovial mood because you are looking forward to receiving your pay at the end of the day.

However, your boss does not have the paycheck when you arrive to pick it up. Although he claims that the restaurant is experiencing a short-term cash flow issue, he guarantees that you will receive payment before the last day of the month. How long does an employer have to pay you after payday? And is this delay even legal?

You feel helpless and frustrated as you depart. Is it really possible for your boss to force you to postpone your pay?

In the following article, we’ll explore “How long does an employer have to pay you after payday?” under California law, the particular guidelines for final paychecks, and your legal recourse in the event that your employer withholds or delays your salary.

If your employer has not paid you on time, for overtime, or your last salary, employment lawyers can assist.

When should you expect to get paid?

California law mandates that employers provide wages to workers on a regular basis, at least twice per month, and with advance notice.

Employees are lawfully entitled to payment within a specified time frame following the completion of their task, as stated in Section 204 of the California Labor Code:

Your remuneration should be issued between the sixteenth and twenty-sixth days of the same month for work completed between the first and the fifteenth days of the month.
You should receive your compensation between the first and tenth days of the next month for work completed between the sixteenth and the last day of the month.

This directly addresses the question: “How long does an employer have to pay you after payday?” Legally, they must pay within those defined windows.

1. California’s overtime payroll laws

Things are somewhat different when it comes to overtime pay. According to the law, businesses may be required to wait two normal payroll periods before paying eligible employees for overtime worked.

However, it is legally required that any overtime compensation be itemized on a worker’s paycheck by the next normal payroll period.

Note: Your company has until the following business day to send your check if one of your usual paydays occurs on a holiday.

2. Rules regarding payday exceptions

California’s conventional payday regulations include several exclusions, nonetheless. Employees of the following kinds could receive different compensation than the twice-monthly timetable:

Professional, executive, and administrative staff who are considered exempt from several labor rules may only get monthly compensation. However, whatever their circumstances are, they have to get that check by the 26th day of the calendar month in which they earned it. The employee’s complete monthly wage, which includes the unearned amount for the remaining days of the month that they haven’t worked yet, should also be included in their payment.
Pay schedules for workers covered by collective bargaining contracts may also differ from those mentioned above. In these situations, the timetable specified in a person’s employment contract determines when they get paid.

The usual pay schedule may be altered by employers for justifiable business purposes.

For example, you might first receive your paycheck on the tenth & 25th of each month. Your employer may then choose to distribute paychecks per two weeks instead.

Even if it results in a brief hold in one of the paychecks while the adjustment is being made, this is still lawful.

Your employer is free to make changes to the pay pattern as long as they disclose them to you well in advance and refrain from doing so arbitrarily.

For what duration can you be unpaid by your employer?

Employees must be paid by their employers on specified dates. Payment for work completed between the first and the fifteenth of a month must be provided between the sixteenth and the twenty-sixth of the same month. Payment for work completed from the 16th to the end of the month must be given between the first and the tenth of the subsequent month.

When should I get my last paycheck from my employer?

In California, your method of quitting your work determines when you will receive your last salary.

1. Final salary if you were fired

According to California law, your employer must reimburse you for any unpaid wages that were due at the point of your termination. Regardless of the cause or circumstances behind your termination, this is the situation.

Your employer is required by law to give you this last payment “at the site of dismissal,” which is where you’re getting dismissed. However, you have the option to ask for a different method of payment for your last paycheck. For example, via direct deposit or the mail.

2. Final paycheck in the event of a voluntary leave

Your boss has 72 hours to compensate you if you quit your job on your own volition and don’t give them advance notice. However, your employer must have your last check ready on the final day of employment if you provide them 72 hours’ notice before quitting.

All unpaid salaries, unused vacation days, and accrued paid time off should be included in your last payment.

3. California’s final paycheck regulation exceptions

For employees in specific industries, there are additionally some variances to these fundamental final paycheck guidelines. California employers are exempt from having to provide final paychecks right away for:

Workers in the motion film business
Workers in the energy drilling sector
Employees who work for temporary employment agencies
Workers at theaters or concert venues
Some seasonal workers in the food processing industry were laid off collectively.
Employees covered by collective bargaining contracts with varying final pay regulations

It is unlawful for a company to withhold your last payment in any of these situations unless you accept a contract committing you to giving up certain rights, like the ability to sue them later.

In California, such agreements are deemed unenforceable. Additionally, employers who attempt to use them may be charged with a misdemeanor in the state legislature.

This situation often leads people to ask, “How long does an employer have to pay you after payday if you leave the job?” The answer varies, but the law is strict about these deadlines.

California penalties for late paychecks

Lost earnings, sometimes referred to as “back pay,” are the money you should have received for your labor but didn’t. A court may grant you back pay if your employer did not compensate you for every one of your hours worked.

Your unpaid hours multiplied by your hourly wage is your back pay. Assume, for instance, that you make $15 per hour and that you put in 30 hours “off the clock” without getting paid. After that, you’ll get $450 in back wages.

Again, “How long does an employer have to pay you after payday?” becomes crucial here: exceeding the limit activates legal and financial consequences.

What if my company is late regarding my paycheck?

You can seek recourse by submitting a wage claim to collect unpaid wages if your employer does not pay you on the set payday. In California, you have the right to demand payment from your employer by delivering a written notification if they fail to pay you on time.

Employers may be subject to the following legal repercussions for postponing or refusing to pay employees:

1. Employers face financial fines for late paychecks

Financial penalties are imposed on firms that do not pay employees on time under California Labor Code 210.

California levies penalties, which are additional fees, on your company for breaking worker rights. In the future, they hope to discourage your employer from unlawfully withholding earnings.

The penalty for first-time infractions is $100 for each employee who is paid late. In addition to twenty-five percent of the unpaid pay, businesses face a $200 fine per employee for further infractions.

Intentional wage withholding may also result in a harsher penalty for an employer’s first infraction.

This is exactly why understanding “How long does an employer have to pay you after payday?” matters for every employer and worker in California.

2. Employees receive waiting time penalties for delayed final wages

Until you get the remainder of your unpaid earnings, or for a maximum of thirty days, your employer is required to give you the amount of the prior daily wage rate for each day after the legal deadline that you do not receive your final payment.

A waiting time fine may also be imposed on employers that fail to pay the departing worker within the allotted time frame, regardless of whether the individual has quit or been fired.

3. California employee damages for incomplete or late paychecks

Employers in California have a maximum of thirty days to fix payroll mistakes. Employees have the right to a full day’s compensation at the usual rate for every day the error continues if they are unable to correct inadequate payments or deliver late paychecks within that period.

Workers who get paychecks that are late or inconsistent may also sue their employer, potentially obtaining damages for lost wages.

An employer who commits wage theft or consistently makes late payments may be required to pay reparations to compensate an employee for lost income in addition to penalties paid to the state.

These damages may include interest for postponed paychecks, back pay, and reimbursement for legal fees and court expenses under California’s labor laws.

You can think about filing a claim under California’s PAGA (Private Attorney General Act) if the company’s violation impacts a large number of workers. This law enables California workers to band together to uphold the Labor Code on behalf of the State of California, other workers, and themselves.

Workers who take the step to file this kind of civil lawsuit are entitled to a share of the fines that the government of California collects.

Employment attorneys are able to protect your rights

The best thing to do is to get an employment lawyer to talk to, should you be worried about the late paychecks from the company. A lawyer will actually analyze your case and determine the type of action that suits your case.

An experienced lawyer is also in a position to help you in organizing your case and guaranteeing you obtain the utmost compensation possible under the California labor laws in the event you decide to go to court.

Have a quick question? We answered nearly 2000 FAQs.

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How Long Does an Employer Have to Pay You After Payday in California: Legal Timeframes, Rules, and Consequences

Introduction

When should you expect to get paid?

For what duration can you be unpaid by your employer?

When should I get my last paycheck from my employer?

California penalties for late paychecks

What if my company is late regarding my paycheck?

Employment attorneys are able to protect your rights

Free Consultation