Pacoima, CA asked in Employment Law for California

Q: If my employer pays me late, am I still eligible for the late fee

Under "California Labor Code 210 LC" it states, "A first-time violation of paying late carries a $100 penalty". Are my employers required to give me the 100$ or am I required to ask for it BEFORE I receive my late check?

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2 Lawyer Answers

A: Yes, even if your employer pays an employee late, the employee is still entitled to the penalty of $100 for the first late payment and $200 for each additional late payment plus a 25% penalty.

Neil Pedersen agrees with this answer

A: Yes, technically the employer should voluntarily pay the penalties. However, in practice, employers will rarely pay the penalty unless forced to do so by threat of litigation or by administrative action.

Good luck to you.

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