How to recover a withheld final paycheck or unpaid wages in California
California law generally requires employers to pay discharged employees immediately at the place of discharge, and employees who quit to be paid at the employers office in the county where they worked. If wages are not paid when due, the law provides a continuing penalty that accrues until payment or until an action is started, subject to limits in the statute.
A common path used by workers includes sending a demand for payment and filing a wage claim with the state agency that enforces wage laws. In some cases the Labor Commissioner or a court may order payment of wages, penalties, and other civil penalties against the employer.
Current California law
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The deadline that matters
Waiting-time penalties accrue for up to 30 days after wages are due under Cal. Lab. Code § 203.
What California law says
An employer must pay a discharged employee at the place of discharge and an employee who quits at the employers office in the county where the work was performed, under Cal. Lab. Code § 208. If an employer willfully fails to pay wages owed to a discharged or quitting employee, wages continue as a penalty from the due date until paid or until an action is commenced, but not for more than 30 days, under Cal. Lab. Code § 203. The Labor Commissioner may impose a civil penalty up to 30 days pay as waiting time under Cal. Lab. Code § 256. For underpayment of minimum wages or wage amounts above the minimum set by contract, the law provides for restitution, liquidated damages, and statutory penalties under Cal. Lab. Code § 1197.1.
What to do
A common first step is to send a written demand to the employer asking for the unpaid wages or final paycheck.
A common next step is to file a wage claim with the state agency or Labor Commissioner to request enforcement and potential penalties.
Some people request an administrative hearing or ask the Labor Commissioner to investigate and issue an order or citation.
Filing a civil lawsuit to recover unpaid wages and any statutory penalties is another option people consider after administrative remedies.
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Common questions
If my employer fires me and does not pay my final wages, what can happen under the law?
If an employer willfully fails to pay wages when due after discharge, wages continue as a penalty until paid or an action is started, but not more than 30 days, under Cal. Lab. Code § 203. The Labor Commissioner may also impose waiting-time penalties under Cal. Lab. Code § 256.
Where must the employer pay a discharged or quitting employee?
A discharged employee must be paid at the place of discharge, and an employee who quits must be paid at the employers office or agency in the county where the employee performed labor, under Cal. Lab. Code § 208.
Can an employer face other penalties for paying less than required wages?
Yes, the law provides for restitution of wages, liquidated damages, and civil penalties for underpaying minimum wages or contractual wages above the minimum, as described in Cal. Lab. Code § 1197.1.
Do waiting-time penalties keep accruing forever?
No, waiting-time penalties accrue from the due date until paid or until an action is commenced, but they shall not continue for more than 30 days under Cal. Lab. Code § 203.
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This is legal information and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
