Late Paychecks in California: What the Labor Code Says and What You Can Do

Introduction

Every worker depends on their paycheck. Whether you’re living paycheck to paycheck or building long-term financial stability, timely payment is not a luxury—it’s a legal right. If your employer in California is paying you late—or not at all—know this: California labor laws are on your side.

The state’s Labor Code is clear about when wages must be paid and outlines serious consequences for employers who don’t comply. In this article, we’ll walk you through what the law says, what you can do about late paychecks, and how to protect your rights.

California Labor Code: What Does It Say About Late Paychecks?

California has some of the most worker-friendly laws in the U.S., especially when it comes to wage payments. The key laws governing paycheck deadlines include:

• Labor Code §204: Requires regular, timely payment of wages.

• Labor Code §210: Establishes penalties for late payments.

• Labor Code §203: Imposes waiting time penalties when final paychecks are delayed.

Here’s how these apply in real-world situations.

Regular Paycheck Deadlines

For hourly employees:

• Wages earned between the 1st and 15th of the month must be paid by the 26th.

• Wages earned between the 16th and end of the month must be paid by the 10th of the following month.

For weekly, biweekly, or semi-monthly pay schedules, employers must pay wages within seven days of the end of the pay period.

For salaried employees, payment is typically due at least once per month, but most follow the same semi-monthly schedule.

Final Paychecks

If you quit with at least 72 hours’ notice, your employer must pay you on your last day.

If you quit without notice, the employer has 72 hours to deliver your final paycheck.

If you’re fired or laid off, your final paycheck is due immediately at the time of termination.

Failure to follow these rules can result in waiting time penalties—an amount equal to your daily wage, up to 30 days.

What Counts as a Late Paycheck?

Late payment can take several forms, including:

• Receiving a paycheck after the legal due date

• Partial payment of wages owed

• Missing commissions, tips, or bonuses (if they’re part of agreed-upon compensation)

• Receiving a paycheck that bounces or is drawn on insufficient funds

Any of these may violate California’s wage laws.

Penalties for Employers

Under Labor Code §210, employers who pay late may owe:

• $100 for a first-time violation

• $200 for subsequent or willful violations

• Plus 25% of the amount unlawfully withheld

Under Labor Code §203, for late final paychecks, the “waiting time penalty” adds one day’s wages for each day the paycheck is late, up to a maximum of 30 days.

These penalties can add up quickly—especially for larger unpaid amounts.

What You Should Do If Your Paycheck Is Late

1. Document Everything

• Note the due date and actual pay date

• Keep copies of pay stubs and deposit records

• Take screenshots of any communications with your employer

2. Speak to Your Employer First

In some cases, late paychecks are the result of accounting errors. Give your employer a chance to correct the issue—but don’t delay too long.

3. File a Wage Claim

If the issue isn’t resolved, file a claim with the California Labor Commissioner’s Office (also known as the Division of Labor Standards Enforcement, or DLSE).

Here’s what you’ll need:

• Completed DLSE claim form

• Proof of hours worked

• Pay stubs or bank records

• Written communication with your employer

4. Consider a Lawsuit

If the unpaid wages are substantial or if the employer has multiple violations, you may want to consult an employment lawyer. You may be able to sue for:

• Unpaid wages

• Interest

• Penalties

• Attorney’s fees

At 1000Attorneys.com, we connect California residents with pre-screened employment lawyers who understand wage and hour law—and fight to get results.

Can I Be Fired for Complaining About a Late Paycheck?

No. Retaliation is illegal. Under California law, employers are prohibited from punishing or firing employees for asserting their wage rights.

If you’re fired or demoted for filing a complaint, you may have a claim for wrongful termination or retaliation, and you may be entitled to additional damages.

What If I’m Paid Under the Table?

Even if you’re paid in cash or off the books, California law still protects you. Your employer is breaking the law, not you. If you have proof (e.g., texts, photos of job sites, Venmo or Zelle payments), you can still file a wage claim.

When Should You Talk to a Lawyer?

If any of these apply to you, it’s a good time to consult a lawyer:

• You’ve missed multiple paychecks

• Your employer refuses to pay waiting time penalties

• You’re considering quitting or were recently fired

• You’ve experienced retaliation

A qualified California wage lawyer can help you understand your legal options and build the strongest possible case.

Final Thoughts

Your labor is valuable—and California law makes it clear: if you work, you must get paid—on time. Late or missing paychecks aren’t just annoying, they’re illegal.

Don’t wait. Document the problem, demand payment, and take action. If your employer continues to violate your rights, legal remedies are available—and they can be substantial.

Need legal help? Visit 1000Attorneys.com to get connected with a pre-screened California wage lawyer for a free case review.