EmploymentQuestion 275 of 690
The waiting-time penalty for late final wages does NOT apply when:
a.The employer simply forgot to issue the check
b.The employer was too busy to process payroll
c.The employee did not ask for the money
d.There is a good-faith dispute about whether any wages are actually due
Explanation
The §203 waiting-time penalty applies to a willful failure to pay. A good-faith dispute that, if successful, would preclude any recovery means the failure is not willful, so the penalty does not apply. Mere forgetfulness or being busy does not excuse late payment.
Law Reference: Labor Code §203Practice all 690 questions free — no signup required.
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