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California final paycheck law: when your last check is due

In California, if you were fired or laid off, your final wages are generally due immediately, at the time of termination. If you quit after giving notice, they are generally due on the final day worked, where at least 72 hours of notice was given. If you quit without notice, they are generally due within 72 hours of the resignation. This comes from Cal. Lab. Code §§ 201-203.

Deadlines at a glance

Fired or laid off

Final wages due immediately, at the time of termination

Quit with notice

Final wages due on the final day worked, where at least 72 hours of notice was given

Quit without notice

Final wages due within 72 hours of the resignation

Statute

Cal. Lab. Code §§ 201-203

Wage claim agency

California Labor Commissioner's Office (DLSE)

Penalties and details

Under California Labor Code section 203, willfully failing to pay final wages on time may make the employer liable for waiting-time penalties of up to 30 days of the employee's daily wages.

Accrued and unused vacation/PTO is generally treated as earned wages payable at separation (see Cal. Lab. Code § 227.3).

What counts as wages in your final paycheck

Final pay usually covers more than your last regular hours. Depending on your state and your employer's policy, it can include unpaid regular and overtime hours, earned commissions, bonuses that have already been earned, accrued unused vacation or PTO where state law or company policy treats it as earned wages, and unreimbursed business expenses.

What to do if the California deadline passes

  1. Write down the facts: your last day worked, the amount you believe you are owed, and any messages from your employer about payment.
  2. Send a written demand letter that names the California deadline and gives your employer a short, specific window to pay.
  3. Send it by email and by certified mail with return receipt, and keep proof of delivery. See how certified mail works.
  4. If the deadline in your letter passes without payment, file a wage claim with the California Labor Commissioner's Office (DLSE).

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Common questions

When is my final paycheck due in California if I was fired?

In California, final wages are generally due immediately, at the time of termination after an involuntary termination.

When is my final paycheck due in California if I quit?

If you gave notice, final wages are generally due on the final day worked, where at least 72 hours of notice was given. If you quit without notice, they are generally due within 72 hours of the resignation.

Can my employer be penalized for paying late in California?

Under California Labor Code section 203, willfully failing to pay final wages on time may make the employer liable for waiting-time penalties of up to 30 days of the employee's daily wages.

Who do I file an unpaid wage claim with in California?

Unpaid wage claims in California are handled by the California Labor Commissioner's Office (DLSE).

Other states

This page is general information, not legal advice. Last Check GPT is not a law firm. State rules change and exceptions apply; verify with the California Labor Commissioner's Office (DLSE) before relying on a deadline.