An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

P AYMENT O F W AGES

Section 7

A. W AGES P AYABLE O N T ERMINATION

1. D ISCHARGE O R L AYOFF When an employee is terminated, all unpaid wages (including vested vacation) are due immediately at the time of termination. 663 If an employee is laid off without a return date, the wages must be paid on the last day of work. 664 If the school schedules the employee’s return within the pay period, the wages may be paid at the next regular payday. 2. E MPLOYEE Q UITS An employee who quits must receive his or her final paycheck within 72 hours of the last day of work. This obligation also applies when an employee “quits” to retire. 665 However, if the employee gives more than 72 hours’ notice, he or she is entitled to a final paycheck on the last day of work. 666 This section is not applicable when an employee quits and there is a written contract for a definite period. LCW Practice Advisor Many school employees are employed pursuant to a written agreement. A contract “for a definite period of time” means one that contains a specific term of

employment and cannot be terminated by either party except for cause. If, on the other hand, either party may terminate the employment by simply giving notice, it is not a written contract for a definite period. A quitting employee under the latter contract must receive wages within 72 hours. If he has given more than 72 hours’ notice, the employee must receive the final paycheck upon quitting.

3. D ELIVERY O F P AYMENT The place of the final wage payment for employees who are terminated (or laid off) is the place of termination. The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address is at the office of the school. 667 If an employee elects to receive final wages by mail, the date of the mailing constitutes the date of payment. A school that mails the final payment to an employee should keep a record that the employee elected to have the check mailed and that the employee received the check. When a paycheck is sent by mail without the consent of the intended recipient and is diverted (e.g. lost or stolen) without delivery to him, it remains the property of the sender and there is no payment. 668 If the employee has authorized the school to pay his wages by direct deposit into a bank account, the payment may be made by depositing the amount due into such an account. 669

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 181