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Resident of CA, company headquarters based in N California

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  • Resident of CA, company headquarters based in N California

    I recently left my job to join another organization. I gave 3 weeks notice and did not receive my paycheck on my final day (CA rule). Still waiting in fact - 5 days later. The NJ state rule is that final paycheck is issued during the next pay cycle. Which state labor laws govern in my situation? The employee's resident state or company's?

    Thanks in advance.
    parkums
    Junior Member
    Last edited by parkums; 05-01-2008, 06:52 AM. Reason: typo

  • #2
    The laws of the state in which you live and work.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Also, it almost never matters legally where the employee's headquarters is. Any time an employer has employees working in a state, the employer has a legal business presence (called "nexus") in that state. Since your employer has CA employees, your employer is legally a CA employer for all purposes and your final paycheck payment is due based on CA law.

      Politely follow up with your former employer until you get paid. You might then consider filing a claim for a waiting time penalty.

      http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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