Getting Your Last Paycheck In Los Angeles, California

Consider a bartender making minimum wage plus tips in Los Angeles, California. The bartender is let go and hasn't gotten their last paycheck. What should they do in order to get their money?

Employers in California must comply with Labor Code sections 201-203, which require them to pay waiting time penalties if they fail to pay all wages due to an employee who has been fired or resigned in a timely manner. These penalties are calculated based on the employee's daily rate of pay for each day that the employer fails to pay the wages owed for up to 30 calendar days. When an employee is fired, they must be paid all wages due at the time of termination.

If an employee resigns with at least seventy-two hours' notice, they must be paid on their last day of work. If an employee resigns without prior notice, they must be paid within seventy-two hours of quitting.

If you have not received your final paycheck, or it does not include all the wages you are owed, you should gather evidence of your attempts to report the issue. This can include text messages, email messages, or other written records that show you reported your unpaid wages. If your employer requires written notice, keep a copy of it to prevent them from denying knowledge of the issue.

In addition, employers who do not pay their workers on time in California may be subject to penalties under Labor Code section 210. For initial violations, the penalty is $100, and subsequent violations incur a $200 penalty, plus an additional penalty of 25% of the unlawfully withheld amount for willful or intentional violations.

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Last updated on March 29, 2023.

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• California Department of Industrial Relations - Waiting Time Penalty.

• California Department of Industrial Relations - Waiting Time Penalty.