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California final paycheck law

The short answer

When an employer discharges an employee, all earned and unpaid wages are due immediately at the time of discharge. (California Labor Code § 201(a)) An employee without a written contract for a definite period who gives at least 72 hours notice of quitting must be paid all wages at the time of quitting. (California Labor Code § 202(a)) An employee without a written contract for a definite period who quits without giving 72 hours notice must be paid all wages within 72 hours of quitting. (California Labor Code § 202(a))

Last verified Sep 24, 2026 · How we verify every rule

General information, not legal advice. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Every rule on this page links to its official source.

Final paycheck

If you fire someone, when is the last paycheck due?ImmediatelyVerified Sep 24, 2026 · 2 official sources

When an employer discharges an employee, all earned and unpaid wages are due immediately at the time of discharge. (California Labor Code § 201(a))

“(a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.”

“An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code Sections 201 and 227.3”

California Labor Commissioner (DLSE), Paydays, Pay Periods, and the Final Payment of Wages FAQ · dir.ca.gov

leginfo.legislature.ca.gov · dir.ca.gov

If an employee quits, when is the last paycheck due?Depends on the caseVerified Sep 24, 2026 · 2 official sources

  • With 72 hours notice: An employee without a written contract for a definite period who gives at least 72 hours notice of quitting must be paid all wages at the time of quitting. (California Labor Code § 202(a))

    “(a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting.”

    “An employee without a written employment contract for a definite period of time who gives at least 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, must be paid all of his or her wages, including accrued vacation, at the time of quitting. Labor Code Section 202”

    California Labor Commissioner (DLSE), Paydays, Pay Periods, and the Final Payment of Wages FAQ · dir.ca.gov

    leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources

  • Without 72 hours notice: An employee without a written contract for a definite period who quits without giving 72 hours notice must be paid all wages within 72 hours of quitting. (California Labor Code § 202(a))

    “(a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting.”

    “An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting.”

    California Labor Commissioner (DLSE), Paydays, Pay Periods, and the Final Payment of Wages FAQ · dir.ca.gov

    leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources

What it means for an employer

  1. Set the final pay date when you schedule the termination meeting or accept the resignation, using the deadline above.
  2. Include every wage earned up to the last day, and check the PTO payout rule for your state.
  3. Keep a record of the date and the amount paid.

The federal default

“Employers are not required by federal law to give former employees their final paycheck immediately.”

U.S. Department of Labor: Last paycheck · dol.gov

State rules can add to the federal default. The California rules above are the ones we verified; for anything not covered, ask the state labor office.

Final paycheck: California and its neighbors

StateFinal pay after firingAfter quitting
CaliforniaImmediatelyDepends on the case
OregonNext business dayDepends on the case
NevadaNot verifiedNot verified
ArizonaNot verifiedNot verified

Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.

California employer rulebookEvery verified rule for the stateFinal paycheck laws by stateOne row per state, with sourcesHow to fire an employee in your stateSteps and documentsEmployee no call, no show: what to doSteps and documentsAn employee resigned: what to do nextSteps and documents

Questions about California final paycheck law

If you fire someone, when is the last paycheck due in California?

When an employer discharges an employee, all earned and unpaid wages are due immediately at the time of discharge. (California Labor Code § 201(a))

If an employee quits, when is the last paycheck due in California?

With 72 hours notice: An employee without a written contract for a definite period who gives at least 72 hours notice of quitting must be paid all wages at the time of quitting. (California Labor Code § 202(a)) Without 72 hours notice: An employee without a written contract for a definite period who quits without giving 72 hours notice must be paid all wages within 72 hours of quitting. (California Labor Code § 202(a))

Sources (4)

Checked Sep 24, 2026 · How we verify every rule · Report an error