Final Paychecks: How to Avoid Legal Risk With Accurate Calculation and Distribution
With a myriad of local, state and federal laws addressing compensation, it is essential that employers understand their obligations when issuing departing employees’ final paychecks. Many employers do not appreciate the patchwork of local, state, and federal laws regulating the calculation and distribution of final wage payments to departing employees. Employers must recognize and comply with a whole host of regulations or risk extensive penalties and/or costly litigation. This topic will provide an overview of the legal issues and common pitfalls related to final employee wage payments. This topic also will include a practical discussion of manageable best practices and model policies for use in today’s dynamic – and often multistate – employment environment.
Who should attend?
- Timing of Final Wage Payments
- Impact of the Terms of Employee Separation (Termination vs. Resignation)
- State-Specific Requirements, Including Requirements for Same-Day or "Immediate" Payments
- Payment of Accrued but Unused Paid Time off
- Best PracticesDeductions From Final Wage Payments
- Permissible Deductions
- FLSA Prohibitions and Employee Remedies Under Federal Law, Including Administrative Actions and Claims for Liquidated Damages, Attorneys' Fees, and Costs
- California-Specific Requirements and Penalties for Noncompliance
- Best PracticesState and Local Wage Theft Prevention Acts
- Increasing Trend of Wage Theft Prevention Acts
- Impact on the Calculation and Distribution of Final Wage Payments
- Notification Requirements and Penalties
- California and Other Jurisdictions (e.g., New York, Washington, D.C.)
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