I quit my job without giving them a 72 hour notice they will not mail me my check. Overtime hour questions also. Please help

You do not need to sign anything to get your final paycheck. They are required to mail it to you. You should send an email again asking them to mail your final paycheck. Every day your employer is late paying you are entitled to penalties of 1 day's pay per day late up to 30 days. If you clocked in at 6:45 a.m., your hours should reflect that you started work at that time. Assuming you were not paid for all overtime work, you would have claims for that pay as well as waiting time penalties on that pay. If they fail to pay your properly, you should contact a lawyer or the Division of Labor Standards ENforcement.

You are entitled to your last paycheck and all of your overtime. There are severe penalties any attorney's fees for not paying you on time. A lawyer will take this case on a contingency fee arrangement because the law allows the recovery of fees. Sounds like a good case to me. You should be paid for all the time you worked not when your shift began on the schedule. Best of luck.

I respectfully disagree with Mr. Kane regarding your employer's obligation to mail your check. The Labor Code does not require this, and the DLSE has stated that payment is "tendered" when an employer informs an employee their check is available for pickup. See here: https://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm Labor Code 203 provides that "An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her...is not entitled to any benefit...for the time during which he or she so avoids payment..." You need to find a way to go pick up your check. It's unlikely you will be entitled to any penalties beyond the date you were informed the check was available. You are only hurting yourself by not collecting it. You are not, however, required to sign away any rights as a condition of being paid.

An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting. Signing papers should not be made a contrition of being paid. The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address, is at the office of the employer within the county in which the work was performed. Since you requested that our former employer mail your check, they are obligated to do so. An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a "good faith dispute". Even if there is a dispute, the employer must pay, without requiring a release, whatever wages are due and not in dispute. If the employer fails to pay what is undisputed, the "good faith" defense will be defeated whatever the outcome of the disputed wages. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes. If the total work period per day is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day. If the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. Employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at least ten consecutive minutes for each four hour work period, or major fraction thereof. The Division of Labor Standards Enforcement considers anything more than two hours to be a "major fraction." A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer's premises during such periods. I am not sure why your employer would have required that you clock out for rest periods. You might benefit from consulting with an experienced employment law attorney to evaluate your case. The California Employment Lawyers Association maintains a list of employment law attorneys who represent employees against employers. Follow the link to: www.cela.org