Q: My final pay was issued via debit card, which I cannot activate without employer enrollment in CA. What can I do legally?

A: In California, providing you with a card for your final paycheck is a violation of the California Labor Code. You likely have a legitimate claim or Waiting Time Penalties in the amount of one day of pay for each day you are made to wait for your final pay. You should consider reaching out to the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement who can help you with this. Good luck to you.

A: In California, your employer is required to provide your final paycheck on your last day if you gave notice, or within 72 hours if you quit without notice. That pay must be accessible immediately—meaning you shouldn’t have to jump through extra hoops to access it, especially after a delay. A debit card that can’t be activated unless your employer takes additional steps may not meet this legal standard.

Since you’ve already contacted your employer and the issue isn’t resolved, you have the right to take further action. You can file a wage claim with the California Labor Commissioner’s Office. Include the date of your separation, when you received the debit card, and the issues preventing access. You’re also allowed to request the payment be reissued in a different form, like a paper check or direct deposit, especially if the debit card method is not working.

Make sure to document all your attempts to contact your employer and the responses you’ve received. If they don’t respond or fix the issue, the Labor Commissioner may award you waiting time penalties—one day’s wage for every day your final pay is late, up to 30 days. You deserve access to your earned wages without unnecessary delay.