EmploymentQuestion 904 of 1632

An employer willfully fails to pay a discharged employee's final wages on time. What 'waiting time penalty' may the employee recover?

a.Three times the amount of the unpaid final wages owed
b.The daily wage for each day unpaid, up to 30 days
c.A flat $500 penalty however long the delay runs
d.One hour of pay for each day of delay, up to 30 days

Explanation

Labor Code §203 continues the discharged employee's wages as a penalty at the same daily rate until the final wages are paid, capped at 30 calendar days. (a) borrows a treble-damages multiplier from other statutes; §203 is a time-based penalty, not a multiple of the debt. (c) invents a flat sum, so a $600-a-day superintendent and a $150-a-day laborer would recover the same amount - the opposite of how §203 works. (d) substitutes the one-hour figure from the §226.7 meal-and-rest premium, a different remedy for a different violation. The penalty runs only where the failure to pay was willful.

Law Reference: Labor Code §203(a)

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