Law Office of Jeffrey D. Fulton

What is a waiting time penalty?

When you leave your job in California, it is with the understanding that you will receive compensation for the last hours you put in. There may be times, though, when you do not receive your full wages for these hours. In these cases, your company may be subject to a waiting time penalty.

If your employer intentionally has not paid your remaining wages, the company may be penalized. The State of California says that this does not apply in all cases; typically, you must have been either laid off or discharged or have quit your job. Additionally, you usually need to have a clear employer-employee relationship for a company to be penalized for withholding wages. While you may think that your boss needs to have done something worthy of blame, this is usually not the case. All that is usually required for this penalty to apply is that your boss realizes your wages have been left unpaid.

When this waiting time penalty applies to your employer, you may receive the monetary amount of a month's wages. This is because your daily pay rate determines the amount of the penalty. The amount of time your wages were unpaid is typically combined with your pay rate, and the penalty may increase to cover 30 working days at most. If you frequently worked overtime, these wages may also be added to the penalty. However, any expenses you incurred for your company are usually excluded.

Your chosen course of action usually determines when the penalty stops increasing. It can usually continue to grow if you choose to file a claim against your employer. A court complaint may stop this penalty from growing, though, and it also typically stops when your employers pays your wages.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us To Set Up An Initial Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


2150 River Plaza Drive, Suite 260
Sacramento, CA 95833

Phone: 916-993-4900
Map & Directions