Whether it’s voluntary or involuntary, just about everybody leaves a job at one time or another. They still want to get paid for the time that they put in though. Section 201 of the California Labor Code addresses that issue, especially in the context of fired, laid off or seasonal employees. Fired employees are entitled to be paid their final paycheck immediately under Section 201.
Seasonal Food Industry Employees
There is an exception to Section 201 in the context of seasonal employees who are “laid off in a group” and involved with “the curing, canning, drying of perishable fruit, fish or vegetables. . . .” Their employers are “deemed to have made immediate payment when the wages of those employees are paid within a reasonable time as necessary for computation and payment thereof. . . .” That reasonable time isn’t allowed to exceed 72 hours. If an employee requests to have such payment made by mail, an appropriate mailing address must be provided.
Unused Vacation or Sick Days
Any unused paid time off that is owed to an employee must be included in a final paycheck. For purposes of retirement contributions, payment of any unused vacation or sick day pay can be deferred for purposes of retirement fund contributions for the following calendar year.
Penalties
Should an employer fail to compensate a terminated or discharged employee in a timely manner, that employer is required to pay any such employee for every day that the final paycheck is late for up to 30 days. If a discharged or terminated employee is compelled to file a lawsuit to collect any wages that are owed to him or her, any judgment against the employer may include interest on those wages, plus court costs and attorney’s fees.
If you believe that you’re owed wages by an employer pursuant to section 201 of the California Labor Code, contact our offices to speak with a qualified and experienced California labor law attorney.
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