Vincent W Davis

Waiting Time Penalties

by Vincent Davis on July 22, 2013

Did your employer fail to pay you all you were due when you quit or you were discharged?  If not, he owes you penalties.    The California Labor Code requires an employer to pay an employee all they are due within 72 hours of the employee voluntarily quitting, or within the same day if the employee is discharged.   If your former employer failed to pay you everything he owed you when you quit or were discharged, he owes you a substantial penalty.

Many employers fail to pay an employee all they are due when they discharge the employee.   This is especially true if the employer has otherwise failed to pay the employee for overtime, missed meal periods, missed rest periods, split-shift premiums, reporting time pay, vacation time, or any other form of pay for which the employee was entitled to be paid.   The fact is, when an employer has been cheating an employee out of their wages, they won’t want to pay those missed wages when they discharge the employee (especially when doing so also is an admission of previous failure to pay).

  • When the employer has failed to timely pay you upon discharge, the penalty is one day’s pay for each day he has failed to properly compensate you, up to a maximum of 30 days.
  • He must do it the same day he discharges you.   The employer cannot send you home without pay for five days, then bring you back the following Monday only to tell you that you are discharged and then pay you.   It is the effective date of discharge that counts, and that would have been the day he sent you home without pay.

The thing is, 30 days pay can be a lot of money.   If you were making $20 / hour, and regularly worked an 8 hour shift, then the “waiting time penalty” is  $20 per hour times 8 hours per day, times 30 days.   That equals $4,800.

The Law Offices of Vincent W. Davis & Associates can help you.   If your employer didn’t timely pay you everything you have earned, we can help you get up to thirty days worth of pay as a “waiting time penalty”.

We will help you handle your matter by representing you on a contingency fee basis, meaning we will only get paid if we are successful in getting you what you have earned.    There is no need to pay us now, the law provides that if we go to trial and are successful in getting you the wages you have earned, wages that you have a right to, then the employer will have to pay for your attorney’s fees.

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