Final pay · CA

California — Final Paycheck & Wage Rules

Statutory final-paycheck deadline, waiting-time penalty, 2026 minimum wage, overtime overlay, and PTO-payout rule for California. Each row primary-source-cited.

Statute-verifiedLast verified May 8, 2026

Final paycheck — discharged

Same day

Wages earned and unpaid at time of discharge are due and payable IMMEDIATELY upon discharge.

Cal. Lab. Code §201(a)

Final paycheck — voluntary quit

Within 72 hours

If employee gives ≥72 hrs prior notice of intent to quit, wages due at time of quitting. If no notice, wages due within 72 hours of quitting.

Cal. Lab. Code §202(a)

Waiting-time penalty

Daily rate of pay × each day wages remain unpaid, capped at 30 calendar days

Penalty applies only when the employer willfully fails to pay. A good-faith dispute over the amount may waive the penalty — but the standard is fact-intensive.

Cal. Lab. Code §203

Minimum wage (2026)

$16.50/hr

California Department of Industrial Relations FAQ shows a higher operational figure ($16.90/hr) reflecting an annual CPI-W adjustment under Lab. Code §1182.12. The statutory base is $16.50; the higher figure is what employers must pay in practice.

Effective January 1, 2026

Fast food workers (statewide AB 1228): $20.00/hr
Healthcare workers (SB 525, phased): verification pending

Cal. Lab. Code §1182.12

Overtime rules

40-hour workweek @ 1.5×

Plus daily overtime: over 8 hours/day @ 1.5×.

Double-time over 12 hours/day.

Cal. Lab. Code §510(a)

PTO payout

mandatory

Vested PTO must be paid out

Accrued, unused vacation/PTO is treated as wages and must be paid out at termination. Forfeiture clauses ("use it or lose it") are unenforceable for vested time.

Cal. Lab. Code §227.3

California Final-Paycheck Decoder

Enter your separation date + hourly rate. The decoder computes your statutory deadline and an estimated maximum waiting-time penalty.

Final-Paycheck Decoder

Privacy-first — your inputs never leave your browser

State, termination type, hours, willful-failure standard. Get your statutory deadline + waiting-time-penalty estimate with primary-source statute cite. Informational, not legal advice.

Your state

Termination type

Date of separation

Hourly rate (USD)For salaried, divide annual by 2,080Typical hours per day

Did your employer dispute the wages owed in good faith?In CA-class states, the waiting-time penalty applies only if the employer willfully fails to pay. A good-faith dispute over the amount may waive the penalty.

I'm not sureYes, they had a real disputeNo — they just didn't pay

If your wages are unpaid past the deadline

File a wage claim — start here

Federal: DOL Wage & Hour Division (1-866-487-9243). Free, no attorney needed.
State: CA state labor agency claim form. Often faster than federal for in-state employers.
Larger or willful claims: consult a licensed employment-law attorney. State-bar lawyer-referral services are the standard starting point. How to choose.

Some links above are referral-partner affiliate links once vetted; the federal and state government links are not. Lawyer referrals are subject to state-bar advertising rules in your jurisdiction.

Legal review

Pending

Reviewer credential verification in progress

We are retaining a US employment-law attorney to review every state page on this site before it leaves the dev preview. Once retained, the reviewer's name, bar number, state of admission, and signoff date will appear on every state page and on /about. Until then, treat statute citations as informational, not legal advice. Last data verification: May 8, 2026.

File a California wage claim

Send a written demand to your employer with the amount owed, statute cite, and a 7-day deadline.
File with California state labor agency (no attorney needed).
Or file federal: DOL Wage & Hour Division (1-866-487-9243).
Your civil-suit deadline (statute of limitations) in California: 3 years from the date wages first became due. source

Disclaimer: This page is informational and is not legal advice. California statutes are amended over time; we re-verify quarterly and annually for January 1 minimum-wage updates. Specific applications depend on facts your employer may dispute. For advice on your specific situation, consult a licensed California employment-law attorney. WageTheftMap is a Desymphony portfolio property.