Elk Grove, CA asked in Employment Law for California

Q: Does a public school district in CA need to pay waiting time penalty fees after being terminated?

I was let go from a school district about 30 days ago and have not been paid my final wages. I talked to payroll and they said they were exempt from this as they are federally funded. Is this correct or will I need to seek legal counsel to receive my waiting time penalties?

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3 Lawyer Answers

A: The short answer is probably not. If you were employed by a public school, you should not be entitled to waiting time penalties as Labor Code 203 is among the provisions that do not apply to governmental employers. Under Labor 200(b) Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or other municipal corporation.

A: Sorry but no. Waiting Time Penalties are statutorily required by the California Labor Code. Government employee rights are not governed by the CA Labor Code. Sorry.

James L. Arrasmith
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Answered

A: Public school districts in California are not exempt from waiting time penalties, despite what you were told about federal funding. The California Labor Code applies to public entities, including school districts, and they must follow the same final paycheck rules as other employers.

Under California Labor Code Section 203, if an employer willfully fails to pay any wages of an employee who is discharged or quits, those wages continue as penalties from the due date at the same daily rate for up to 30 days. For terminated employees like yourself, final wages were due on your last day of work, and the district's delay of 30 days could make them liable for significant penalties.

You should first file a wage claim with the California Labor Commissioner's Office, which can help recover both your unpaid wages and waiting time penalties without requiring you to hire an attorney. However, if the school district continues to resist payment or the Labor Commissioner's process doesn't resolve your issue satisfactorily, seeking legal counsel would be your next step, as employment lawyers can help navigate more complex cases involving public entities and ensure you receive all compensation you're legally entitled to receive.

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