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California Labor Code Section 201

Legal Research Home > California Laws > Labor Code > California Labor Code Section 201

201.  (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 provision of 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 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 tendered for payment
to the employee's 401(k), 403(b), or 457 plan account no later than
45 days after the employee's discharge from employment. Nothing in
this section is 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 provision of 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. To qualify for the deferral of payment
under this section, only that portion of leave that extends past the
November pay period for state employees shall be deferred into the
next calendar year. 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.
   (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.
   (3) Receive a lump-sum payment for all of the deferred unused
leave as described above.
   Payments shall be tendered under this section no later than
February 1 in the year following the employee's last day of
employment. Nothing in this section is 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.
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Last modified: March 17, 2014