The waiting-time penalty for late final wages does NOT apply when:
Explanation
The §203(a) penalty reaches a WILLFUL failure to pay final wages, and DLSE states plainly that a good faith dispute that any wages are due will prevent imposition of the penalty. Willful does not mean blameworthy: it means the employer knew what it was doing, the act was within its control, and it failed to perform a required act. Forgetting the check meets that test, and so does a payroll vendor missing the run, because the employer stays responsible for its own payroll. Nothing conditions the penalty on the employee asking; final wages are due on the statutory deadline whether or not anyone chases them.
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