The Final Paycheck: What Must Be Included and When

California’s final paycheck rules are among the most specific in the country. Employers who get them wrong face waiting time penalties that can equal 30 days of daily wages — regardless of the reason for the error.

What Must Be in the Final Check

The final paycheck must include: all regular wages through the final day, all overtime owed, all accrued vacation pay, all earned commissions that are calculable, and any expense reimbursements due. Nothing may be withheld. The employer cannot make deductions for alleged damages, shortages, or disputes without a court order.

When must it be paid? Employees who are discharged must be paid at the time of discharge — same day. Employees who resign with 72+ hours notice must be paid on their last day. Employees who resign with less than 72 hours notice must be paid within 72 hours. Missing these deadlines triggers the waiting time penalty: one day’s wages for each day the check is late, up to 30 days.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims — without paying an attorney to get started. Request your free evaluation here.