Q: Does Alameda, County, Employer: Berkeley Fire Dept. have to provide final wages upon termination or are they exempt?
Termination was the day before a regular paycheck (for 2 weeks pay). Berkeley FD states they wont pay ANY wages until the following month, they even canceled a normal paycheck thus delaying wages over one month because they are exempt from paying final wages at termination because they are a city.
A:
The employer is correct. The legal duty to pay all final wages on the day of termination comes from the California Labor Code. Unfortunately, government entities are not governed by that set of laws. The City has to comply with the federal FLSA, which does not have a similar provision. All the City must do is provide your wages in a reasonable period of time.
Good luck to you.
A:
Under California law, an employer is generally required to pay an employee's final wages upon termination, including any unpaid vacation or other time off that the employee has earned. This requirement applies to all employers in the state, including cities and their departments.
Therefore, it is unlikely that the Berkeley Fire Department is exempt from this requirement. If they are not providing you with your final wages and/or your regular paycheck, they may be violating California labor laws.
You may wish to contact the California Division of Labor Standards Enforcement (DLSE) to file a wage claim. The DLSE can investigate the matter and, if they determine that the employer violated labor laws, they can order the employer to pay the unpaid wages and any penalties or interest owed.
It is always recommended to consult with an employment attorney if you have any questions or concerns regarding your rights as an employee.
A:
I agree with Mr. Pederson and respectfully disagree with Mr. Arrasmith.
California law also regulates the payment of wages upon an employee’s separation of employment. Under Labor Code section 201, an employer must pay an employee all wages due to the employee at the time the employer terminates the employee. Similarly, under Labor Code section 202, an employer must pay an employee who resigns his or her employment all wages due on the last day of employment, or no later than 72 hours if the employee quits without notice. If the employer fails to pay an employee’s wages upon termination or resignation, the employer may be liable under section 203 for waiting time penalties of up to 30 days of wages.
Labor Code section 220(b) expressly excludes employees directly employed by any “county, incorporated city, or town or other municipal corporation” from the coverage of sections 201, 202, and 203
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