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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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