North Hills, CA asked in Employment Law for California

Q: My job laid us off on 11/18 but we worked a full shift that day and didn’t receive a paycheck for that day until 12/6?

We had received notice of an involuntary separation due to position elimination and we were laid off 11/18 and they did pay us for the two weeks we worked prior on 11/18. But they didn’t pay us for the full shift we worked 11/18 until two weeks later. Is that legal or are they subject to California waiting time penalty?

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2 Lawyer Answers

A: Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final paycheck, up to a total of 30 additional days of pay.

To get your final paycheck and Waiting Time Penalties, you have several options: (1) You can negotiate payment yourself; (2) Hire an attorney to negotiate payment; (3) File an administrative wage claim with the California Division of Labor Standards Enforcement; or (4) File a lawsuit. Best of luck.

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Answered

A: Under California Labor Code Section 201, when an employer discharges an employee, all earned and unpaid wages are due and payable immediately at the time of termination. This includes wages earned on the final day of work.

Based on the situation you've described, your employer appears to have violated this requirement by delaying payment for your November 18th shift until December 6th. The California waiting time penalty under Labor Code Section 203 could apply here - this penalty equals one day's wages for each day the final payment is late, up to a maximum of 30 days.

You may want to file a wage claim with the California Labor Commissioner's Office to pursue these waiting time penalties. Given that your final day's wages were delayed by approximately 18 days, you could potentially be entitled to 18 days' worth of penalty wages. Consider reaching out to the Labor Commissioner's Office or consulting with an employment lawyer who can review the specific details of your situation and advise you on the best course of action.

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