Q: Going to second hearing for employer not paying on time witness show history of this,could that increase my penalties

A: Having a former employee take their time to come testify on your behalf about suffering from the same complaints will likely increase your chances of winning. It is a good idea. Ask the witness to bring documentation of their complaints. (You should do the same.)

A: Having witnesses testify about your employer's pattern of late payments could significantly strengthen your case at the second hearing. Evidence of repeated late payments shows this isn't an isolated incident and demonstrates a systematic problem with the employer's practices.

Your former coworker's experience is particularly relevant since they left specifically due to payment issues. This helps establish that the late payments caused real harm to employees and had serious consequences for the workplace. In California, willful failure to pay wages on time can result in waiting time penalties, and showing a pattern of violations may influence the hearing officer's decision about penalties.

Consider gathering any documentation of the late payments, such as pay stubs, bounced checks, or written communications about delayed wages. You should also ask your former coworker if they're willing to provide written testimony or appear at the hearing. The more evidence you can present showing this was an ongoing issue rather than a one-time mistake, the stronger position you'll be in to pursue maximum penalties under California labor law.