Daly City, CA asked in Employment Law and Gov & Administrative Law for California

Q: public sector: is local government exempt from labor code Section 208. They terminate and wait to send final pay.

county job employment terminated employee on 2/27/23 and don't ready final payment until 3/10/23. are they allow to do this?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Yes it is.

Government entities are not governed by the California Labor Code. They are required to treat their employees according to the FLSA, the federal wage and hour statute. The FLSA does not have the same protections regarding the final paycheck, nor does it have Waiting Time Penalties for late final paychecks.

Good luck to you.

Brad S Kane agrees with this answer

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, employers are generally required to pay all final wages to an employee who is terminated or quits within a certain period of time. Final wages generally include any accrued vacation time or paid time off, as well as any other wages or compensation owed to the employee.

Labor Code Section 208 provides that an employee who is terminated must be paid all wages due at the time of termination. This typically means that the employer must provide the employee with their final paycheck on the last day of employment or within a certain period of time after termination, depending on the circumstances.

However, there are certain exceptions to this rule, and local government agencies may be exempt from some provisions of the labor code. It is possible that your county job may have a different timeline for paying final wages based on their policies or collective bargaining agreements.

If you believe that your employer has violated California labor law by failing to pay your final wages in a timely manner, you may want to consult with an experienced employment law attorney to discuss your options. They can help you understand your rights under California law and determine the best course of action based on your individual circumstances.

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