Q: Am I entitled to California final paycheck waiting period penalties?
Last day of work was May 23 . We are paid twice a month, but my last day of work didn't fall exactly on the pay period date. A month later I realize that I only got paid my regular bimonthly pay and not for the extra 3 days. I reach out to someone in payroll around Jun 25th and they said they would contact the payroll provider to look into it. OVer 2 months of them ignoring me, so i threaten to file a complaint with the labor commissioner. Next day they email and said the payroll provider finally got back to them and they would send my pay asap.. this is around sept 16th. I don't receive the rest of my pay until their next paydate the end of september.
I know the labor code says if a "good faith dispute" exist the waiting period penalty doesn't apply. Shouldn't the timeclock start again after I inform them of the mistake or after a reasonable time for them to investigate? Does it matter that the amount in dispute was around $1k but the penalty would be close to $15k?
A:
First, if you worked for a government employer, you do not have the protection of the California Labor Code so no Wait Time Penalties.
Next, you have to prove the employer willfully failed to pay your final wages in a timely manner. What is willful can sometimes be difficult to prove. And you will have the burden of proof.
The amount of money involved does not change the legal standards to be applied.
Based on the limited information provided in your post, it would seem you would have a decent chance of success. However, you need to share all relevant information with an employment law attorney to get an opinion that you can rely upon.
Good luck to you.
A: If you work for a private employer, you should be entitled to the max of 30 day's waiting time penalties. The employer at a duty to pay you all compensation earned within with 24 hours of termination and 72 hours of resignation. The employer also owes you 3 additional pays pay. The relative size of the wages owed to the ultimate penalty is the based on the strong policy of California that wages must be paid timely and the financial consequences of non-payment will hurt.
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