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?
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
