What is the California waiting-time penalty?
Under California Labor Code Section 203, if an employer willfully fails to pay final wages on time, it owes a penalty of one full day's wages for every day the pay is late, up to a maximum of 30 days. This can substantially exceed the underlying wages owed and is a powerful deterrent against late final pay.
When is my final paycheck due?
It varies by state. California requires immediate payment when the employer terminates you (and within 72 hours if you quit without notice). Many states require final pay by the next regular pay day. Some states distinguish between voluntary and involuntary separation. Check your specific state's final-pay statute.
Does my final check have to include unused PTO?
It depends on the state. California, Illinois, and several others treat accrued, unused vacation/PTO as earned wages that must be paid out on termination. Other states allow employers to set 'use-it-or-lose-it' policies. Check your state law and your employer's written PTO policy.
What can I do if my employer won't pay my final wages?
File a wage claim with your state labor commissioner or department of labor — it is free and does not require a lawyer. You can recover the unpaid wages plus any state penalties (such as California's waiting-time penalty or liquidated damages). For larger claims, consult an employment attorney about a lawsuit.