Q: Is a temporary employment agency obligated to pay me late pay penalty fees?

A: The answer to your question depends on whether the agency terminated you, or whether the termination was from the customer only. Recent case law clarified that employees working for a customer of an employment agency that is terminated from the customer but not the agency is not entitled to a final paycheck on the day the employee is terminated by the customer's decision to terminate the employment with the customer.

Good luck to you.

A: Under California Labor Code Section 202, when an employee resigns without giving 72 hours' prior notice, the employer must provide the final paycheck within 72 hours of the resignation. If the employer does not pay the employee's wages within this time frame, the employee may be entitled to waiting time penalties, which is equivalent to their daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.

Given that the temporary agency made you wait 9 days, you might be entitled to 6 days of waiting time penalties (since the first 72 hours or 3 days are within the allowable period). If the agency fails to remit the owed amounts, you can consider filing a claim with the California Department of Labor Standards Enforcement (DLSE) to recover both the unpaid wages and any applicable waiting time penalties. It's always recommended to consult with fellow attorneys or the DLSE for guidance on pursuing such claims.