Waiting Time Penalties — Late Final Paycheck

Plain English Summary

When you stop working as an IHSS provider, your final paycheck is due immediately if you quit with 72+ hours notice, or within 72 hours if you quit without notice. If the payment is late, you earn one extra day of pay for every day the check is late, up to 30 days.

Impact on IHSS Workers

If a county IHSS payroll office is slow to issue your final check, you may be owed substantial waiting time penalties on top of the wages you're owed. This applies whether you quit or were terminated.

When Is Your Final Paycheck Due?

Situation	When Pay Is Due
Terminated / laid off	Immediately, at time of termination
You quit with 72+ hours notice	On your last day
You quit without notice	Within 72 hours

Waiting Time Penalties

If your employer (county IHSS) fails to pay on time, you earn a penalty of one full day’s wages for each calendar day the payment is late, up to 30 days maximum.

Example

If your daily rate is $154 (8 hrs × $19.35) and your final check is 10 days late, you’re owed $1,540 in penalties on top of the wages owed.

How to Claim Penalties

File a wage claim with the Labor Commissioner’s Office:

Phone: 1-844-522-6734
Online: dir.ca.gov/dlse/howtofilelinkclm.htm
You have 3 years from the date the wages were due to file

Keep documentation: your last timesheet, pay stubs, and any written correspondence about your final payment.

Effective: December 31, 1936

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