加州的欠薪:法律怎么规定的

法条怎么规定的

被解雇后结清工资期限

0 天

主动离职后结清工资期限

3 天

结清工资细节

Discharge: wages earned and unpaid are 'due and payable immediately' at the time of discharge (Lab. Code 201(a)) - i.e. 0 days. Quit without notice: due 'not later than 72 hours thereafter' (Lab. Code 202(a)) - encoded as 3 days. Quit WITH at least 72 hours' advance notice: due at the time of quitting (0 days).

展开完整规定

Layoffs/seasonal and certain industries (motion picture, oil drilling, live theatrical, agriculture) have separate rules in Lab. Code 201.3-201.9 that are not reflected in these two numbers.

逾期支付的罚则

Lab. Code 203(a): if an employer WILLFULLY fails to pay per sections 201/201.3/201.5/201.6/201.8/201.9/202/205.5, 'the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30…

展开完整规定

days.' Per the DLSE FAQ, no penalty accrues where there is a good-faith dispute over the amount owed.

州最低工资

$16.90 / 小时

强于联邦法的加班规定

Yes - stronger than the FLSA. Lab. Code 510: 1.5x the regular rate for work over 8 hours in one workday (and over 40 in a workweek); 2x for work over 12 hours in one day; and 2x for work over 8 hours on the seventh day of a workweek. Daily overtime and seventh-day double time have no FLSA equivalent.

法定加倍赔偿

Lab. Code 1194.2: for minimum wage violations, an employee may recover liquidated damages in 'an amount equal to the wages unlawfully unpaid and interest thereon' (i.e. 100%).

展开完整规定

The court/Labor Commissioner may reduce or deny the award if the employer proves the violation was in good faith with reasonable grounds for believing it complied. Note this covers MINIMUM WAGE underpayment; it is not a general doubling for all unpaid-wage claims (overtime-only claims are separately remedied, and late final pay is remedied by the sec. 203 waiting time penalty).

追诉时效

3 年

受理投诉的机构

California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE), within the Department of Industrial Relations

自己去读原文

官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。

• Cal. Lab. Code § 201(a) — Cal. Labor Code sec. 201(a) - final pay on discharge due immediately (amended Stats. 2018, Ch. 903, Sec. 19 (SB 1504), eff. Jan. 1, 2019)
• Cal. Lab. Code § 202(a) — Cal. Labor Code sec. 202(a) - 72 hours on quit, immediate if 72 hours' notice given (amended Stats. 2018, Ch. 903, Sec. 20 (SB 1504), eff. Jan. 1, 2019)
• Cal. Lab. Code § 203(a) — Cal. Labor Code sec. 203(a) - waiting time penalty, max 30 days (amended Stats. 2019, Ch. 700, Sec. 2.5 (SB 286), eff. Jan. 1, 2020)
• Cal. Lab. Code § 510 — Cal. Labor Code sec. 510 - daily overtime, double time over 12 hours, seventh-day double time (amended Stats. 1999, Ch. 134, Sec. 4, eff. Jan. 1, 2000)
• Cal. Lab. Code § 1194.2 — Cal. Labor Code sec. 1194.2 - liquidated damages equal to unpaid minimum wages (amended Stats. 2014, Ch. 211, Sec. 1 (AB 2074), eff. Jan. 1, 2015)
• DLSE FAQ - Paydays, pay periods, and the final wages — CA DIR / DLSE official FAQ - Paydays, pay periods and final wages (agency restatement of 201/202/203)
• DLSE FAQ - Minimum Wage — CA DIR / DLSE official minimum wage FAQ - $16.90/hour effective January 1, 2026 for all employers
• DLSE - How to File a Wage Claim (statute of limitations) — CA DLSE 'How to file a wage claim' - 3-year limit for minimum wage, overtime, meal/rest, sick leave, illegal deductions; 4 years on a written contract; 2 years oral promise above minimum wage; 1 year for certain penalties
• Division of Labor Standards Enforcement — CA Labor Commissioner's Office / DLSE homepage confirming official office name

最近核实: 2026-08-17