What are my rights if I did not receive my final check today?

UPDATED: Oct 1, 2022

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What are my rights if I did not receive my final check today?

My termination was last Friday. I was told by a shop steward that my final pay was mailed today but state law requires that I should have received it today.

Asked on June 22, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) If you are salaried, they have to pay you the daily pro rata portion of your weekly salary for any day you did any work. They are allowed to not pay you for days you did no work at all--being paid on a salaried basis does not entitle you to pay for not working (it just means that individual hours are not tracked, so working short hours one day does not deprive you of pay--but not working at all that day means no pay for it). So say your salary is $1,500 per week, which means a daily salary of $300 (based on a five-day workweek) and you worked part of two days--you'd get $600. If you worked part of only one day, you'd get $300. Etc.
2) If you are exempt, you would not be entitled to overtime. Even IF, for the sake of argument, they are *now* treating you as an hourly nonexempt employee, that does not retroactively entitle you to overtime for past periods when you were properly treated as salaried exempt.
3) In your state (CA), if you were terminated, your final paycheck was due when you were terminated; if you quit, within 72 hours of quitting. You are entitled to an extra day of pay (up to 30 days) for each day the pay is late; if your final check is late, contact your state's department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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