Modesto, CA asked in Employment Law for California

Q: My last day working as a Seasonal employee in County of San Mateo was Feb 21, 2024. I still haven't received my pay.

An email last March 8th says I will be paid March 9th but I wasn't. I received an email March 27th and says that it was processed late and I should get paid April 5th. Obviously, they lied when they said it was approved and i should get paid March 9th. Why is that okay?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, employers are required to pay final wages to seasonal or temporary employees either immediately upon termination or within 72 hours if the employee resigns without giving notice. If the last day of work was February 21, 2024, and the payment was delayed beyond these timeframes, the delay in receiving your final paycheck is not in compliance with state labor laws.

When you were informed on March 8 that payment would be made by March 9, yet it was not processed, and later communications stated it was processed late with a new payment date of April 5, this discrepancy indicates a failure to adhere to the timely payment obligations mandated by law. This situation is understandably frustrating and concerning, as employers are expected to provide accurate and timely payment to their employees.

It's important for you to know that California law allows employees to claim waiting time penalties for late final wages. These penalties can accrue for each day the wages remain unpaid, up to a maximum of 30 days. Considering your situation, it may be beneficial to reach out to the California Labor Commissioner's Office or seek legal advice to understand the options available to you for recovering unpaid wages and any potential penalties due to the delay.

Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Because you were a government employee, you are not covered by the California Labor Code that has the provision that requires an employer to pay you on your day of termination. The FLSA governs your employer's legal duties to you, and it does not have a similar provision.

Good luck to you.

Brad S Kane agrees with this answer

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