If an employee quits, does the back pay rule fall under the 30 day period an employer has to have to issue a final paycheck?

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If an employee quits, does the back pay rule fall under the 30 day period an employer has to have to issue a final paycheck?

My husband was working for a company who did not make payments to him on time, he quit and the owed him a month and a half of back pay.

Asked on July 29, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In your state, employees must be paid twice per month (biweekly or semimonthly), with few exceptions. If the employee quits, he must get his final pay within, usually, 72 hours. From what you write, it appears that the company may be violating the law; you could contact the state department of labor to file a complaint, and/or speak with a private attorney.


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