How long can an employer hold your last check

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How long can an employer hold your last check

I put in my two week notice and my last
day is May 4th. Merced County Office of
Education is my employer and they are
telling me that I will not receive my
last check until May 30th. Is This
legal?

Asked on April 26, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When you put in notice of your leaving employment, in your state (CA), the employer needs to get your your last check by your last day, assuming you gave at least 72 hours notice, as you did. (If you provided less than 72 hours notice, they have 72 hours to get you the check.) If they don't pay you on time, they may be subject to "waiting time" penalties and have to pay you additional compensation. Contact your state's Division on Labor Standards to discuss filing a complaint for a late final check.


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