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.

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