Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Final Check California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Final Check California

    I was asked to either resign or be terminated. I was a salaried employee. What is the time frame in which my ex-employer is supposed deliver my final check and since I chose to resign, am I only eligible for actual hours worked or for the whole week?

  • #2
    The general rule is if the employee is fired or quits with at least 72 calendar hours notice, then the payment is due the last day of work. If the employee quits with less then 72 calendar hours notice, then the payment is due within 72 calendar hours.

    "Salaried" is just a payment method and does not mean much by itself. Exempt Salaried is a function of the 29 CFR 541.602 rules and Non-Exempt Salaried is (mostly) a function of the 29 CFR 778.113 rules. While the Exempt Salaried rules generally has restrictions on docking salaries, there is an exception for the initial/terminal week of employment. During the initial/terminal week of employment, any employee can be paid for actual hours worked only.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.