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  1. #1
    Join Date
    Nov 2015
    Location
    California
    Posts
    3

    Default California Waiting Period Penalty

    My question involves labor and employment law for the state of: California

    Hi, I was terminated effective Oct 31, 2015. My wages were paid at that time but I was still owed for unused vacation time. I received payment for this on Nov 7th with a check dated Nov 6th. Code section 203 states "the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced". What is meant by the term "until action is therefor commenced" ? Do they owe me waiting period penalty and if so, how many days? Thanks.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: California Waiting Period Penalty

    They owe you nothing.

    Section 201 addresses vacation pay and gives the employer until February 1 in the year following termination to pay it to the employee.

    http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-244

    You got yours in 7 days.

    Move on.

  3. #3
    Join Date
    Nov 2015
    Location
    California
    Posts
    3

    Default Re: California Waiting Period Penalty

    Thanks Jack. Can you then tell me when the waiting period penalty does apply?
    http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: California Waiting Period Penalty

    It applies for the wages you earned because of the work that you performed. When you are terminated, you're supposed to be paid for every nickel they owe you, and none of this "you'll get it on the next regularly scheduled payroll" stuff. From your own telling, it sounds like they did exactly that.

  5. #5
    Join Date
    Nov 2015
    Location
    California
    Posts
    3

    Default Re: California Waiting Period Penalty

    Thanks chyvan.

    I still need to know what it meant by the term "until action is therefor commenced" of code section 203?

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