When must my employer pay me my final wages after I quit in California?

What the Law Says

California law sets strict deadlines for paying final wages when an employee quits — and imposes steep penalties for missing them.

Under California Labor Code section 202, if you give your employer at least 72 hours’ written or verbal notice before quitting, your employer must pay all earned and unpaid wages on your final day of work — including regular wages, accrued vacation, and commissions that are due and determinable.

If you quit without giving 72 hours’ notice, your employer has 72 hours (excluding weekends and holidays) from your last day of work to issue your final paycheck.

Failure to pay on time triggers waiting time penalties under Labor Code section 203: one day’s wages for each day the payment is delayed — up to a maximum of 30 days. The penalty is calculated based on your average daily wage.

Accrued but unused vacation time is considered wages under California law and must be paid out upon separation — regardless of whether you quit or are terminated.

Statutory Text

If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting.

— Labor Code § 202(a) — Payment of wages upon voluntary quitting

Statutory Text

In addition to the wages earned, the employee is entitled to any accrued vacation pay.

— Labor Code § 227.3 — Accrued vacation pay

Statutory Text

If an employer willfully fails to pay... wages... within the time prescribed... the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid..., but not exceeding thirty days.

— Labor Code § 203(a) — Waiting time penalties

What to Do

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