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?

Related Topics:
2 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

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

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.