United States:
Waiting Time Penalties: Additional Penalties And New Avenues To Enforce Existing Penalties
26 January 2015
BakerHostetler
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Under existing law (Labor Code Section 1197.1), if an employer
pays less than the minimum wage, the California Labor Commissioner
may issue a citation that includes a civil penalty, liquidated
damages, and restitution.
Now, pursuant to Assembly Bill 1723, the Labor Commissioner can
include waiting time penalties in the citation or, in other words,
penalties for failure to timely pay wages to an employee who
resigned or was terminated, as stated in Labor Code Section 203.
These penalties can amount to the equivalent of 30 days of pay.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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