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Labor & Employment

Waiting Time Penalties

The last paycheck is the one that most often goes wrong. Someone leaves, and the commissions, the accrued time off, or the final hours arrive late, or never arrive at all.

Reviewed

01 GUIDE

Waiting Time Penalties: what usually happens

What the phrase refers to

Some states impose an additional penalty on an employer that fails to pay final wages on time after someone quits or is let go, calculated separately from the wages themselves. Waiting time penalties are most associated with California, which is what most people searching the phrase have in mind, but it is not the only state with a rule of this kind. The details vary considerably: what counts as wages due at separation, whether accrued vacation or paid time off must be paid out, whether the timing differs between resigning and being discharged, and whether the employer's failure has to have been willful rather than merely late. Because of that variation, the state where the work was performed drives the analysis.

Reconstructing the final pay

Start with the final pay stub and the one before it, so the last period can be compared against a normal one. Then the separation date and who initiated it, the timekeeping record for the final period, the commission or bonus plan and what had been earned under it, the accrued time off balance with the policy that governs it, and any outstanding expense reimbursements. How and when payment was actually delivered is its own question, because a check mailed, a check available for pickup, and funds deposited are not always treated the same way. Employers should also check whether a payroll process rather than a decision caused the delay, since that changes the conversation.

Routes and timing

A claim of this kind can often be pursued through a state labor agency or in court, and the agency route is generally faster and less formal, though what it can address is narrower in some states. Where the same delay affected many employees because of how payroll was configured, the facts can also support a broader group or representative claim, which changes the scale considerably. For employers, correcting the underlying process matters as much as resolving the individual claim, since the same configuration keeps producing them. Time limits apply here as well, and how long you have depends on the state and on what is being claimed.

02 ATTORNEYS

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Attorney Advertising. This page is general information about waiting time penalties and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.