This post is about a settlement between a California Pho restaurant and the restaurant’s cooks for wage and hour violations.
My Employer Paid Me Late After I Got Fired
In California, employers must pay employees all earned wages on the same day they are fired or laid off. Employers cannot just process a final check or automatic deposit on the regular payroll schedule after a termination. They also cannot simply mail a final check to employees.
If employers willfully fail to pay employees all earned wages by the termination date, they are liable for daily wages that continue until the final payment is made, up to a maximum of 30 days, as a waiting time penalty. Finally, an employee may give an employer express permission to mail the final check without penalty, but the employee cannot hide from or evade receiving the final paycheck and then claim waiting time penalties.