An employer who fires, discharges, or “lays off” an employee must immediately pay all compensation due and owing. If an employer willfully fails to pay wages due to an employee who quits or is discharged, the employee’s wages continue as a penalty until paid, for up to 30 days. These unpaid wages accrue on a daily basis, not only on days that the employee might have worked, but also on non-workdays.
Whereas, if the employee quits, the employer must pay all compensation due and owing within 72 hours of resignation, or on the employee’s last day of work, if the employee gives more than 72 hours’ notice of resignation.
The above requirements as to time for payment do not apply to:
- Where employees are subject to a collective bargaining agreement providing for the time of payment of wages, the terms of the collective bargaining agreement control over any contrary requirements of the California Labor Code.
- Seasonal Laborers