Final Wages (Summary of Applicable California Labor Code)
December 16, 2009 3:37:28 PM PST
Effective immediately, certain provisions of the California Labor Code regarding the issuance of anemployee's final paycheck apply to the University of California. Below is a summary of theapplicable Labor Code sections.
Previously, Labor Code section 220 provided
Nothing in sections 200 to 211 and 215 to 219, inclusive, shall apply to the payment of wages ofemployees directly employed by the state or any county, incorporated city or town or othermunicipal corporation. All other employments are for the purposes of these sections privateemployments and subject to the provisions thereof.
The new section 220 states
- (a) Sections 201.5, 201.7, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1, 205 and 205.5 do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions.
- (b) Sections 200 to 211, inclusive, and sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city or town or other municipal corporation. All other employments are subject to these provisions.
Change in language
The change in the language of section 220 means that the State of California, and theUniversity, are now covered by certain time, place, and manner requirements of California wage law.Here are the most important rules which should be put in place immediately:
- Labor Code section 201 if an employee is discharged, the wages earned and unpaid at the time of discharge are due and payable immediately.
- Labor Code section 202 if an employee, who does not have a written contract for a definite period, quits his or her employment, wages shall become due and payable not later than 72 hours thereafter, unless the employee gave 72 hours' previous notice of the intention to quit, in which case the employee is entitled to wages at the time of quitting. An employee who quits without providing a 72-hour notice is entitled to receive payment by mail if s/he requests and designates a mailing address. The date of the mailing will constitute the date of payment for purposes of the 72-hour rule.
- Labor Code section 203 if an employer willfully fails to pay any wages of an employee who is discharged or who quits, the wages of such employee shall continue as a penalty from the due date until paid or until an action is filed and shall not continue for more than 30 days.
- Labor Code section 207 every employer must post conspicuously at the workplace a notice specifying the regular paydays and the time and place of payment.
- Labor Code section 208 every employee who is discharged must be paid at the place of discharge. And, every employee who quits must be paid at the office or agency of the employer in the county where the employee has been performing labor.
- Labor Code section 215 any person, or the agent, manager, superintendent or officer who fails to post a notice regarding time and place of payment of wages, or who fails to pay a discharged employee at the place designated in Labor Code section 208, is guilty of a misdemeanor.
- Labor Code section 216 in addition to any other penalty, any person, or an agent, manager, superintendent or officer is guilty of a misdemeanor if he/she has the ability to pay and willfully refuses to pay wages due and payable after a demand has been made OR falsely denies the amount or validity of the claim to annoy, harass or defraud the person to whom the money is owed.