California Labor Code § 202 – Final Paychecks for Employees

California Labor Code § 202 mandates that employers give their employees their final paycheck immediately if they terminate them. Employees who quit with at least 72 hours of notice are also entitled to a final paycheck on their last day of work. But if resigning employees do not give notice, then the employer has 72 hours to give them their final paycheck.

The full text of the statute reads as follows:

202. (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.

(b) Notwithstanding any other law, the state employer shall be deemed to have made an immediate payment of wages under this section for any unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, provided at least five workdays prior to his or her final day of employment, the employee submits a written election to his or her appointing power authorizing the state employer to tender payment for any or all leave to be contributed on a pretax basis or a Roth basis, in the year of separation, to the employee’s account in a state-sponsored supplemental retirement plan as described under Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided the plan allows those contributions. The contribution shall be deposited into the employee’s 401(k), 403(b), or 457 plan account no later than two and one-half months after the employee’s final day of employment. This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself.

(c) Notwithstanding any other law, when a state employee quits, retires, or disability retires from his or her employment with the state, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee’s unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability, retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power. The employee may elect any of the following:
(1) Contribute the entire payment to his or her 401(k), 403(b), or 457 plan account.
(A) This election is only available if the employee’s last day of employment is on or after November 1 of the calendar year of his or her last day of employment.
(B) The contributions shall be deposited into the applicable plan account no later than two and one-half months after the employee’s last day of employment.
(2) Contribute any portion of the deferred payment to his or her 401(k), 403(b), or 457 plan account and receive cash payment for the remaining noncontributed unused leave.
(A) An employee is eligible to defer a portion of the deferred payment into a 401(k), 403(b), or 457 plan account only if the employee’s last day of employment was on or after November 1 of the calendar year of his or her last day of employment.
(B) For the portion deferred into a 401(k), 403(b), or 457 plan account, the contributions shall be deposited into an applicable plan account no later than two and one-half months after the employee’s last day of employment.
(C) For the portion received as a cash payment:
(i) Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year.
(ii) Payments shall be tendered under this paragraph no later than February 1 in the year following the employee’s last day of employment.
(3) Receive a lump-sum payment for all of the deferred unused leave as described above.
(A) Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year.
(B) Payments shall be tendered under this section no later than February 1 in the year following the employee’s last day of employment.
(d) This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself.

Legal Analysis

California Labor Code 202 LC spells out when employers must deliver final paychecks to workers leaving their company:

• When employers fire or lay off a worker, the employer must hand over the final paycheck immediately upon termination.
• When an employee quits with at least 72 hours’ notice, the employer must hand over the final paycheck on the last day of work.
• When an employee quits with no notice, the employer has 72 hours to hand over the final paycheck.

Employees who resign without notice can request that the employer send them their final wage payment to a specific address. The paycheck must be mailed within 72 hours of the employee’s last day.¹

Note that final payment includes not only unpaid wages but also unused vacation and any other time off the employee accrued.² And if the employer is late on doling out the final paycheck, the former employee may be able to collect on waiting time penalties.³

See our related articles, What happens if my employer in California pays me late? and Does your employer have to pay you for unused vacation time?

---

Legal References