July 19, 2014

Waiting Time Penalties Available For California Employees

Under California Labor Code Section 203, employers are assessed a penalty for any willful failure of on-time payment of any part of final wages that are due to the departing employee. Wages earned are due and payable immediately upon discharge for an involuntary termination. Thus, an employee who is fired is immediately entitled to a final paycheck. An employee who quits, however, is entitled to a final paycheck within 72 hours. Presuming the employee gave at least 72 hours’ notice before quitting, that employee is entitled to an immediate final paycheck.

If your employer failed to provide you with your final paycheck after you have been terminated or resigned, you may be entitled to compensation–in addition to the actual wages you are owed. A consultation with an employment attorney from Beverly Hills Law Corp., PC would enable the validity of such a claim to be assessed.

Waiting-time penalties are imposed on employers who fail to pay final wages when they are due. The penalty is one day’s pay for each day the employer is late–up to a maximum of 30 days. Thus, an employer who waited two weeks before providing a fired employee’s final paycheck would be liable for 14 days of wages as a waiting-time penalty. Furthermore, the penalty is based on a usual day’s work. Therefore, if an employee works four hours a day, five days a week, and earns $20 an hour, the employee would be entitled to $80 a day as a waiting-time penalty.

If you have not been paid in a timely fashion after you were terminated or resigned from your place of employment, you may be entitled to up to 30 days of a full day?s wages. Such claims are very fact-intensive and require a thorough analysis by a qualified employment attorney. We at Beverly Hills Law Corp., PC can assist you with assessing and calculating your damages. So, contact us now for a free consultation.

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