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California Employment Law Glossary

Waiting Time Penalties
Wage & Hour

 

Definition


 

When a California employer willfully fails to pay an employee's final wages on time, California Labor Code Section 203 imposes waiting time penalties equal to the employee's daily wage for each calendar day the payment is late - up to a maximum of 30 days. These penalties are paid directly to the employee and are separate from the underlying unpaid wages.


Frequently Asked Questions

Waiting time penalties are calculated by multiplying your average daily wage by the number of calendar days your final paycheck was late, capped at 30 days total.

An employer's good-faith dispute over whether wages are owed can sometimes be a defense, but simple administrative delay or disorganization usually is not. An attorney can evaluate whether your employer's excuse actually holds up.

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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.