Law Office of Seth E. Tillmon

Waiting Time Penalties

California employment laws provide up to thirty days worth of Waiting Time Penalties to employees who are not paid all earned and unpaid wages immediately upon termination, or within 72 hours of an employee’s resignation.  California Labor Code section 203 provides employees this right to waiting time penalties.

If an employer willfully fails to pay wages when due to an employee who is terminated or quits, the employee’s daily wages continue, as a “penalty wage”, at the employee’s regular daily wage rate until the employee is paid all earned and unpaid wages or a lawsuit is filed for recovery.  The penalty wage allows for recovery of up to 30 days worth of wages at the employee’s daily wage rate, i.e., the amount the employee earns in a regular workday.  The Labor Code section 203 penalty wage accrues 7 days per week, up until a total of 30 days.

The courts have held that an employer has “willfully” withheld wages following employment severance if the failure of the employee to receive the wages resulted from employer intentionally failing or refusing to perform an act which was required to be done.   In other words, the Courts have held that an employee may recover waiting time penalties even if the employer’s failure to pay wages was not based on a deliberate, evil purpose to defraud the worker of wages which the employer knows to be due.

If you believe that your current or former employer has violated the California employment laws and has failed to pay you all earned and unpaid wages immediately, or at the latest within 72 hours of your employment severance, please contact The Law Office of Seth E. Tillmon for a confidential consultation and evaluation of your potential employment law claims.