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Cal. Labor Code § 201 (2026)

✓ current as of May 2026
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(a)If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a group of employees by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish, or vegetables, shall be deemed to have made immediate payment when the wages of said employees are paid within a reasonable time as necessary for computation and payment thereof; provided, however, that the reasonable time shall not exceed 72 hours, and further provided that payment shall be made by mail to any employee who so requests and designates a mailing address therefor.

(b)Notwithstanding any other law, the state employer shall be deemed to have made an immediate payment of wages under this section for any unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, provided, at least five workdays prior to his or her final day of employment, the employee submits a written election to his or her appointing power authorizing the state employer to tender payment for any or all leave to be contributed on a pretax basis or a Roth basis, in the year of discharge, to the employee’s account in a state-sponsored supplemental retirement plan as described under Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided the plan allows those contributions. The contribution shall be deposited into the employee’s 401(k), 403(b), or 457 plan account no later than two and one-half months after the employee’s discharge from employment. This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself.

(c)Notwithstanding any other law, when the state employer discharges an employee, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee’s unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power. An employee electing to defer payment into the next calendar year under this section may do any of the following:

(1)Contribute the entire payment to his or her 401(k), 403(b), or 457 plan account.

(A)This election is only available if the employee is terminated from service on or after November 1 of the calendar year of his or her termination.

(B)The contributions shall be deposited into an applicable plan account no later than two and one-half months after the employee’s last day of employment.

(2)Contribute any portion of the deferred payment to his or her 401(k), 403(b), or 457 plan account and receive cash payment for the remaining noncontributed unused leave.

(A)An employee is eligible to defer a portion of the deferred payment into a 401(k), 403(b), or 457 plan account only if the employee’s date of termination from service was on or after November 1 of the calendar year of his or her termination.

(B)For the portion deferred into a 401(k), 403(b), or 457 plan account, the contributions shall be deposited into an applicable plan account no later than two and one-half months after the employee’s last day of employment.

(C)For the portion received as a cash payment:

(i)Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year.

(ii)Payments shall be tendered under this paragraph no later than February 1 in the year following the employee’s last day of employment.

(3)Receive a lump-sum payment for all of the deferred unused leave as described above.

(A)Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year.

(B)Payments shall be tendered under this paragraph no later than February 1 in the year following the employee’s last day of employment.

(d)This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself.

Notes of Decisions
Cited in 612 cases (354 in the last 5 years), 1951–2026 · leading case: Melendez v. San Francisco Baseball Assocs. LLC, 439 P.3d 764 (Cal. 2019).
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Melendez v. San Francisco Baseball Assocs. LLC, 439 P.3d 764 (Cal. 2019). · cites it 5× “" ( Lab. Code, § 201, subd. (a).) Plaintiffs, security guards at what used to be named AT & T Park in San Francisco and is now named Oracle Park (the park), are suing San Francisco Baseball Associates LLC (the Giants) for allegedly violating this provision.”
Kobold v. Good Samaritan Reg'l Med. Ctr., 832 F.3d 1024 (9th Cir. 2016). “Cal. Lab. Code § 201 provides: "If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.”
Voris v. Lampert, 446 P.3d 284 (Cal. 2019). · cites it 2× “The majority observed that the Labor Code already requires prompt payment of a discharged employee ( Lab. Code, § 201 ) and authorizes penalties for noncompliance ( id.”
Singh v. Southland Stone, U.S.A., Inc., 31 I.E.R. Cas. (BNA) 554 (Cal. Ct. App. 2010). · cites it 3× “His second amended complaint filed in June 2007 alleges counts for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) unpaid wages, also seeking a waiting time penalty (Lab. Code, §§ 201, 203); (4) false promise; (5) wrongful…”
Livadas v. Bradshaw, 512 U.S. 107 (1994). · cites it 2× “2 When notified of her discharge, Livadas demanded immediate payment of wages owed her, as guaranteed to all California workers by state law, see Cal. Lab. Code Ann. §201 (West 1989), 3 but her store manager refused, referring to the company practice of making such payments by…”
Cleveland v. Groceryworks.com, LLC, 200 F. Supp. 3d 924 (N.D. Cal. 2016). · cites it 3× “3; Claim 4, that Groceryworks failed to maintain accurate employee time records in violation of California Labor Code section 1174; Claim 5, that Grocery-works failed to timely pay Cleveland his final paycheck, as required under California Labor Code sections 201 through 203;…”
Carl Curtis v. Irwin Indus., Inc., 913 F.3d 1146 (9th Cir. 2019). “Code § 17200 ; (3) failure to pay the correct wages at termination, Cal. Lab. Code § 201 ; and (4) a demand for civil penalties under California’s Private Attorneys General Act, Cal.”
Willner v. Manpower Inc., 35 F. Supp. 3d 1116 (N.D. Cal. 2014). · cites it 3× “s of California Labor Code section 226 for failure to furnish accurate wage statements; (3) violations of California’s Unfair Competition Law (“UCL”) for failure to provide accurate wage statements and to pay timely wages; (4) penalties under the Private Attorney General Act…”
Ming-Hsiang Kao v. Joy Holiday, 219 Cal. Rptr. 3d 580 (Cal. Ct. App. 5th 2017). · cites it 2× “" The trial court found the delay for "this short time period" permissible.”
Andrade v. Arby's Restaurant Grp., Inc., 225 F. Supp. 3d 1115 (N.D. Cal. 2016). · cites it 2× “Claim 9: Andrade Sufficiently Pled that She is Eligible for Waiting Time Penalties Under Cal. Labor Code §§ 201 , 208. California Labor Code § 201(a) requires employers who discharge employees to pay the employee the wages “due and payable immediately.”
Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 228 Cal. Rptr. 3d 120 (Cal. Ct. App. 5th 2018). · cites it 2× “He also sought damages for nonpayment of wages ( Lab. Code, § 201 ) and whistleblower retaliation ( Lab.”
Kenneth Holley-Gallegly v. Ta Operating, LLC, 74 F.4th 997 (9th Cir. 2023). · cites it 2× “It found the clause substantively unconscionable 1 Specifically, the complaint alleges: (1) failure to pay all overtime wages at the legal overtime pay rate; (2) failure to pay premium wages at the legal pay rate; (3) failure to provide legally-compliant rest periods; (4)…”
Show all 612 citing cases →
— Cal. Labor Code § 201(a) — 23 cases
Andrade v. Arby's Restaurant Grp., Inc., 225 F. Supp. 3d 1115 (N.D. Cal. 2016). “Claim 9: Andrade Sufficiently Pled that She is Eligible for Waiting Time Penalties Under Cal. Labor Code §§ 201 , 208. California Labor Code § 201(a) requires employers who discharge employees to pay the employee the wages “due and payable immediately.”
Pena v. Taylor Farms Pac., Inc., 305 F.R.D. 197 (S.D. Cal. 2015).
Moreno v. Autozone, Inc., 251 F.R.D. 417 (N.D. Cal. 2008).
Gomez v. Rossi Concrete, Inc., 270 F.R.D. 579 (S.D. Cal. 2010).
Jimenez v. Servicios Agricolas Mex, Inc., 742 F. Supp. 2d 1078 (D. Ariz. 2010).
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