Legal Question in Employment Law in California
final paycheck not paid timely
Are taxes withheld on the penalty check given for a final paycheck not being available at the time of a termination? Also, how are the hours scheduled per day figured if they vary? Is the average taken?
Asked on 8/25/07, 10:44 pm
1 Answer from Attorneys
Thomas Pavone
Pavone & Cohen
Re: final paycheck not paid timely
Taxes are not withheld, but the sum is taxable - the recipient will be required to account for the income when filing a tax return.
The penalty can be determined by the average daily wages.
Answered on 8/27/07, 12:30 pm
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