Legal Question in Employment Law in California

Waiting Time Penalty - once, or multiple?

Question: If my Employer has not paid me for 5 months Wages, will DLSE apply the Waiting Time Penalty one time? Or will they apply it multiple times for every 2 week pay period (say, 10) left unpaid?

Background

I worked for my friend, a registered General Contractor, on his house, for 10 months, for 35 hours per week. He provided the tools; the direction; changed my assignments, etc. He paid me for the 1st 3 months, $25 per hour.

I delayed submitting my 2nd bill, as he had some money problems. When he had a windfall, I submitted my Unpaid Wages/Hours. The s**t then hit the fan!!

Apparently, he was going to pay me 'under the table'. He thought I could not pay a lawyer. He also made other threats, and offered me 25% of what was due. (He even had the nerve to give me a Release to sign, which violates the CA Labor Code!)

I first filed with EDD, and won. He Appealed, and I won that. (He also tried to claim that I was an Ind Contractor, which went nowhere.) EDD said I was an Employee!

Now we will go before a Labor Commissioner in the next month, and I want to know how the Waiting Time Penalty is applied - once, or multiple times?

Thank you! Mark


Asked on 6/10/07, 8:46 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Waiting Time Penalty - once, or multiple?

The waiting time penalty (the equivalent of a day's pay, up to 30 days, under Cal. Labor Code section 203), applies one time, as all wages become due and payable on the last day of employment. You can also ask for interest on the entire amount due.

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Answered on 6/11/07, 6:43 pm


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