EmploymentQuestion 904 of 1605
An employer willfully fails to pay a discharged employee's final wages on time. What 'waiting time penalty' may the employee recover?
a.Triple the amount of the unpaid wages
b.The employee's daily wage for each day the wages remain unpaid, up to 30 days
c.A flat penalty of $500 regardless of the delay
d.One hour of pay for each day of delay
Explanation
Under Labor Code §203, when an employer willfully fails to pay final wages on time, the employee's wages continue as a penalty at the same daily rate until paid, for a maximum of 30 days. This 'waiting time penalty' is calculated using the employee's daily rate of pay, not a flat amount and not a multiple of the wages owed. The penalty is capped at 30 calendar days.
Law Reference: Labor Code §203Practice all 1605 questions free — no signup required.
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