Final Paycheck Violations Attorney

Under California Labor Code § 201, if you are fired or laid off, your employer must pay all wages owed at the time of discharge. If you resign with at least 72 hours notice, payment is due on your last day. If you resign without 72 hours notice, payment is due within 72 hours. Final pay must include all earned wages, accrued vacation, and any other compensation owed.

Under New York Labor Law, employers must pay final wages by the next regular payday after termination or resignation. While NY does not require same-day payment like California, the employer cannot withhold any earned wages. Manual laborers in New York are entitled to payment within one week of discharge. Commission salespeople have specific protections under Labor Law § 191.

Under Labor Code § 203, if an employer willfully fails to pay final wages on time, the employee's daily wages continue to accrue as a penalty for up to 30 days. This means an employee earning $30/hour for an 8-hour day could accumulate up to $7,200 in penalties alone ($240/day × 30 days). These penalties are in addition to the unpaid wages themselves.

In California, yes — accrued vacation is considered earned wages and must be paid out at separation under Labor Code § 227.3. Use-it-or-lose-it vacation policies are illegal in California. In New York, payout depends on employer policy. If the employer's policy or practice is to pay out vacation at termination, it must be included. NY does allow use-it-or-lose-it policies if clearly communicated.