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Wage and Hour Issues in California

Wage Payment

In general, wages must be paid at least twice each month on regularly scheduled paydays.  Paydays must be designated and posted, showing the date, time and location for payment.

Wages earned between the 1st and 15th of the month must be paid by the 26th and wages earned between the 16th and last day of the month must be paid by the 10th day of the next month.  If you have a weekly, biweekly or semimonthly pay period, than wages must be paid within seven calendar days of the end of the designated period.

Payment Upon Termination

You must be paid for all earned wages, including vacation, at the time of termination.

Payment Upon Resignation

An at will employee who resigns (i.e., quits) without giving 72 hours notice must be paid all earned wages, including vacation, within 72 hours.  You may request that payment be mailed.

Penalty for Willful Non-Payment

An employers who willfully violates the wage payment law may be liable for a waiting time penalty, which is equal to the employee’s daily rate of pay for each day the wages remain unpaid (up to 30 calendar days).  You cannot recieve a waiting time penalty if you avoid or refuse to accept payment of your wages, nor will you recieve payment if your employer has a good faith dispute about the money owed.

Failure to pay wages is also a misdemeanor.

Overtime Pay In California

Overtime pay in California is the same as that under the Federal Fair Labor Standards Act

Holiday, Weekend Pay

California employers are not required to pay employees anything extra for working on holidays or weekends.

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