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Final Wages 

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California has very strict rules on when final pay must be issued. Employers must pay departing employees promptly, or they risk significant penalties.

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Under Labor Code §§201–203:

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  • Involuntary Termination – If an employee is discharged or laid off, their final wages are due immediately at the time of termination.

  • Resignation with Notice – If an employee gives at least 72 hours’ notice, their final paycheck must be ready on their last day.

  • Resignation without Notice – If no notice is given, final wages must be paid within 72 hours of the resignation.

  • What’s Included – Final pay must include all earned wages, including accrued vacation or paid time off (PTO). Unused sick leave under California’s state law does not need to be paid out.

  • Waiting Time Penalties – Employers who fail to provide final pay on time may owe the employee a “waiting time penalty” equal to one day’s wages for each day the payment is late, up to 30 days.

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Why this matters:
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  • Delays in paying final wages are one of the most common triggers for employee claims in California.

  • Penalties add up quickly—30 days of wages can be thousands of dollars per employee.

  • Having a compliant offboarding process protects your business and avoids unnecessary disputes.

 

At Sprout & Vine, we align your payroll and HR offboarding so final paychecks are compliant, accurate, and on time.

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