California law imposes strict requirements upon employers as to when an employee’s wages must be paid.
When an employee is terminated, the California Labor Code requires his/her employer to pay all wages—including accrued vacation and unpaid commissions – immediately at the time of termination of employment. In like manner, when an employee provides at least seventy two hours notice of his/her intention to quit, all wages must be paid on the employee’s last day of employment. An employer’s failure to pay all wages upon termination of employment under these provisions can result in the continued payment of wages for up to thirty days from the time the wages were due.
As a general principle, all wages earned by California employees are required to be paid by the seventh day following the close of the applicable pay period. Payment of wages more than seven days after the close of the applicable pay period can result in the imposition of substantial penalties upon the employer. Where an employer pays any wages with a check that is dishonored for insufficient funds, the employee’s wages shall continue as a penalty until paid or for a maximum of thirty days.
Also, courts have interpreted California Labor Code § 2802 as requiring employers to reimburse individual employees for any expenses or losses incurred within the course and scope of his/her employment.
While violations of the California Labor Code may be apparent on the face of your paychecks or other documents themselves, it is critical that you retain an attorney with the essential knowledge, experience and skill necessary to evaluate all potential violations in this complicated area of law. In many instances, these claims are pursued as a class action or in a representative capacity on behalf of all other employees whose rights also were violated. Because these matters typically are handled on a contingency basis, there is no fee unless and until you are compensated.
The Law Offices of Craig Hubble and the additional attorneys with whom we work on these matters have successfully pursued a multitude of cases involving allegations of late payment of wages, bounced paychecks and failure to reimburse employees for business-related expenses, including the pursuit of class action lawsuits regarding these Labor Code violations on both an individual basis and on a class-wide basis, and we have been approved as class counsel in several California actions.
Our experience, tenacity and skill have helped us thrive in this complex area of law. We employ a hands-on, dedicated approach to every matter, and we believe that it is vital that you get the personal attention, emotional support and tireless, high quality representation that you genuinely deserve. We are committed to protecting your rights, obtaining the best results for you and helping you get your life back on track towards a bright future. Although we are based in the Los Angeles area, our practice extends throughout California’s state and federal courts.
If you or a loved one feel that your employer has failed to timely pay your wages, has failed to reimburse you for business-related expenses or has bounced paychecks, contact us today for a free consultation as to your rights and potential remedies.