Labor Code Section 210 is a California state law that pertains to the timely payment of wages to employees. It outlines the requirements and consequences for employers who fail to pay their employees in accordance with state regulations.
Key provisions of Labor Code Section 210 in California:
- Payment Deadlines: Under Labor Code 210, California employers are required to pay their employees all wages earned and unpaid at the time of termination or within 72 hours of the employee resigning, quitting, or being discharged, whichever comes first.
- Consequences for Late Payment: If an employer fails to pay an employee’s final wages in accordance with the law, they may be subject to penalties. Specifically, the employer may owe a penalty equal to the employee’s daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.
- Exceptions: Some exceptions apply to the timing of final wage payments. For example, if an employee provides at least 72 hours of notice before quitting and their employer subsequently terminates their employment earlier than the notice period, the employer must pay the employee’s final wages within 72 hours of receiving the notice.
- Mailed Payments: If an employee’s wages are paid by mail, the date of mailing is considered the date of payment for purposes of compliance with the law.
- Penalty Claims: Employees who believe that their final wages were not paid in accordance with Labor Code Section 210 may file claims with the California Division of Labor Standards Enforcement (DLSE) or take legal action to seek penalties and any unpaid wages.
Both employers and employees in California are to be aware of Labor Code Section 210 and to ensure that final wages are paid in compliance with the law. Failure to do so can result in financial penalties for the employer.
Keep in mind that labor laws can change, and interpretations may vary. Employers and employees in California should consult with legal counsel or the California Division of Labor Standards Enforcement for the most up-to-date information and guidance regarding wage payment requirements and compliance.