Penalty Calculation:
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The Waiting Time Penalty in California is a penalty imposed on employers who willfully fail to pay wages due to an employee who is discharged or quits. For medical cases, this penalty is calculated based on the employee's daily wage.
The calculator uses the following formula:
Where:
Explanation: The penalty is calculated by multiplying the employee's daily wage by the number of days the wages were withheld, up to a maximum of 30 days.
Details: Accurate penalty calculation is crucial for ensuring compliance with California labor laws and determining appropriate compensation for affected employees in medical cases.
Tips: Enter the daily wage in USD and the number of days wages were withheld. The calculator will automatically cap the days at 30 as per California law.
Q1: What is the maximum penalty period?
A: The maximum penalty period is 30 days under California law.
Q2: How is daily wage calculated?
A: Daily wage is typically calculated by dividing the employee's weekly salary by the number of days worked per week.
Q3: Does this apply to all employees?
A: This applies to most employees in California, with some exceptions for certain types of workers.
Q4: What constitutes "willful" failure to pay?
A: Willful failure means the employer intentionally failed to pay wages when due, knowing the wages were owed.
Q5: Are there additional penalties?
A: Yes, in some cases there may be additional penalties for waiting time violations under California labor laws.