When is a final paycheck due in California?
Immediately on the last day if the employee is fired or laid off. If they quit with at least 72 hours' notice, it is due on their last day; if they quit without notice, the employer has 72 hours. Late payment can cost up to 30 days of the employee's wages as a waiting-time penalty.
The final cheque must include everything owed — regular wages, overtime, accrued unused vacation, and any meal or rest premiums earned, since those are wages too.
The waiting-time penalty under Labor Code § 203 runs at the employee's daily rate for each day the payment is late, up to 30 days. On a modest salary that routinely exceeds the disputed amount itself.
A good-faith dispute over part of the amount does not excuse withholding the rest. Pay the undisputed portion on time.
Sources
Last reviewed 2026-08-07. Informational only — not legal advice. California rules change; confirm against the current source before acting.
Related questions
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