CSLB Law & Business ExamEmployment RequirementsMedium
An employee quits her job without giving her employer any advance notice. Under California Labor Code Section 202, by when must the employer pay her final wages?
- AWithin 7 calendar days of her last day worked
- BOn the next regularly scheduled payday only
- CImmediately at the moment she announces her resignation
- DWithin 72 hours of her quitting
Show answer & explanationAnswer & explanation
Correct answer: D. Within 72 hours of her quitting
Labor Code Section 202 provides that an employee who quits without at least 72 hours' prior notice must be paid all wages due within 72 hours of quitting. If the employee gives at least 72 hours' notice, wages are due at the time of quitting.
Why the other options are wrong
- A. Seven days exceeds the statutory deadline and would expose the employer to waiting time penalties.
- B. Waiting until the next payday is only permissible when at least 72 hours' notice was given and the employer chooses to pay early, but the strict default without notice is 72 hours.
- C. Immediate payment applies only to employer-initiated discharges under Section 201, not voluntary quits without notice.
Final Paycheck – Quit Without Notice
An employee who quits without giving 72 hours' advance notice must be paid all final wages within 72 hours of quitting, per Labor Code Section 202.
- No notice = 72-hour deadline
- 72+ hours notice = pay at time of quitting
- Failure to pay timely triggers waiting time penalties under Labor Code 203
Memory trick: Quit quick, get paid within three days.