California Pay Dates – How frequently must wages be paid?

In California, a pay schedule refers to the date(s) and time periods when employers are legally required to pay you. If you do not get paid on time, you can bring a claim for back wages plus waiting time penalties.

The following table summarizes when you should expect to receive your paycheck:

Employee Type in California	When Payment Must Occur
Non-exempt employees	At least twice a month by the 10th and 26th
Exempt employees	Once a month by the 26th
Employees who work overtime	The second regular payday following the overtime work
Employees who are fired, laid off, or quit with 72 hours’ notice	Your last day of work
Employees who quit without 72 hours’ notice	Within 72 hours

Our California labor and employment lawyers have decades of combined experience representing hard-working employees who were cheated out of their earnings. We also have a long track record of winning not only full back-pay but also significant monetary penalties your employer owes you.

Below we explain the following about California payday laws:

• 1. Paydays
• 2. Wage Statements
• 3. Late Paychecks
• 4. Final Paychecks
• 5. Federal Law
• Additional Reading

1. Paydays

California employers must provide you with notice of how you will get paid and then pay you accordingly. If you are a non-exempt employee, you must be paid no less frequently than:

1. on or before the 26th calendar day of the month for money earned between the 1st and 15th day of that month, and
2. before the 10th day of the following month for any money earned during the last half of the month.

Whether you are paid semi-monthly, weekly, or every two weeks, you should get paid within seven days of the end of the pay period. If payday lands on a holiday, then your employer may pay your wages on the next business day.

If you are an exempt employee (which means you are not entitled to overtime pay), your employer can pay you monthly on or before the 26th day. Exempt employees are typically “white collar” and hold executive, administrative, or other professional positions.

Note that farm labor contractors must be paid weekly.¹

Overtime Pay

As a non-exempt employee, your employer must pay you overtime by the second regular payday following your overtime work. Overtime pay is 1.5 times your regular rate of pay, and you are entitled to it if you work more than:

• 8 hours in a single workday,
• 40 hours in a single workweek, or
• 6 days in a single workweek.²

Sales Commissions

If an employer pays you on a commission pay arrangement, then they must pay you when the commission is earned.³ Your employment agreement sets forth when this takes place.

2. Wage Statements

Wage statements (pay stubs) must include an itemized list showing your gross wages and net wages for the corresponding number of hours for the regular pay period, plus any deductions (such as for health insurance and taxes). In addition, California law requires that statements have:

1. your full name and the last four digits of your social security number,
2. your employer’s full name and physical address,
3. the dates of the pay period,
4. the total hours you worked,
5. the number of hours worked at each hourly rate, and
6. the amount of units and rate for any piece-work (if applicable).⁴

The statement can be

• a separate document,
• a detachable pay stub, or
• viewable on your company portal.

Requesting Payroll Records

If you request your payroll records, your employer must let you examine them within 21 days. Your employer can charge reasonable copying costs if you want to keep a copy.

If your employer fails to honor your request in time, you may be entitled to an extra $750 from your employer.⁵

3. Late Paychecks

If your employer neglects to pay you on time, they owe you a $100 “statutory penalty” for a first violation ($200 if your employer willfully failed to pay you). All subsequent violations carry a statutory penalty of $200 plus 25% of the amount withheld from you.

You can pursue these statutory penalties by filing a wage claim with the California Labor Commissioner.⁶

4. Final Paychecks

If your employer terminates or lays you off, California law requires that you receive your final paycheck right away. Your final paycheck must include not only

• wages but also
• any unused vacation and paid time off (PTO).

If you quit or resign from a job without at least 72 hour’s notice, your employer has 72 hours to get you your final paycheck. Though if you quit with at least 72 hours’ notice, you must get your final paycheck on your last day.⁷

Late Penalty

If the employer is late with your final paycheck, they have to pay you a penalty. The penalty amounts to a full day of wages for each day the final paycheck is late – up to 30 days.⁸

5. Federal Law

The main law is the Fair Labor Standards Act (FLSA), which is largely enforced by the U.S. Department of Labor (DOL).

The FLSA sets forth pay schedule laws similar to those outlined above. Note that if a state law conflicts with federal law, an employer must follow the one that gives you greatest protection.⁹

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The timing of pay – Journal of Financial Economics.
• How Frequently do Private Businesses Pay Workers? – Bureau of Labor Statistics.
• Length of Pay Periods in American Industry – Monthly Labor Review.
• Piece work pay and hourly pay over the cycle – Labour Economics.
• Does paycheck frequency matter? Evidence from micro data – Journal of Financial Economics.

Also see our article on California paycheck laws.

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