©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 277 7.25.7 Termination of employment LC § Description Penalty 201 Payment of Wages Upon Discharge. Employers must pay immediately upon discharge all wages due (including salary, hourly wage, overtime, accrued vacation, and benefits). LC 203: “waiting time” penalty, up to 30 working days 201.3 Temporary Service Employees. Employers may pay weekly, “regardless of when the assignment ends,” with certain specified exceptions: employers must pay daily to nonexempt, non-clerical employees assigned to work on a day-to-day basis and to employees working for a client engaged in a trade dispute; employers must pay temporary employees on the day of discharge; and employees who quit must be paid in accordance with Labor Code section 202. LC 203 201.5 Special treatment for Motion Picture Employers. These employers get to pay final wages on the next regular pay day and payment is deemed as of the date of mailing or when the pay is made available for pick-up, whichever date is earlier. LC 203 201.6 Special Treatment for Photo Print Employers. These employers get to pay final wages on the next regular pay day and payment is deemed as of the date of mailing or when the pay is made available for pick-up, whichever date is earlier. LC 203 202 Payment of Wages Upon Resignation. Payment is due on last day of work where employee resigns with > 72 hours of notice. To extent employees fail to give 72 hours’ notice, employers must pay final wages within 72 hours of quitting. Employers may pay by mail if the resigning employee so requests, providing an address. LC 203 227.3 Vacation Payment at Termination. Absent an exception that applies for employees subject to certain collective bargaining agreements, employers must pay separating employees all unused vested vacation time, as wages. LC 203 29262927 Employer Must Pay All Wages Earned Through Termination. Employer must pay employees all wages earned through the time of dismissal or resignation. LC 2699 7.25.8 Paying benefits LC § Description Penalty 227 Failure to Make Benefits Payments. Employers must not fail to remit to the appropriate state agency withholdings from an employee’s wages that were made pursuant to state, local, or federal law. Employers must not willfully fail to make benefits payments under terms of health or welfare fund, pension fund or vacation plan, other employee benefit plan, negotiated industrial promotion fund, or CBA. LC 2699
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