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  1. #1
    mistmk is offline Junior Member
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    Feb 2005
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    Waiting Time Penalty

    What is the name of your state? CA
    Recently I was assigned a 2 wk temp job through a temp agency (starting 03/28). I was asked to work o.t. the first day so I worked 11 hrs. The second day just 8. After the 2nd day (03/29) they called me after I had already left work to tell me not to come back anymore. Since I had already left and wasn't supposed to return, I couldn't get my time sheet signed by the Client so I just faxed it in to the agency (03/30).

    I read that if discharged by an employer final pay was due immediately. After a week (04/06) I sent an email asking "where's my paycheck?" To this they replied on (04/08) that "it was processed for you yesterday and you will receive it next week". It arrived on 04/13 but it was paid on 04/11 so that is the date payment was made, almost a full two weeks after my last day worked.

    I would have been okay with this 2 week delay in receiving final wages but when I got the check I noticed they shorted me the 3 hrs o.t. So I wrote back on 04/14 to say "what about o.t.?" When they replied on Tue. 04/19 - a full 3 weeks after my last day worked - they said "According to the client you only worked 8 hours on Monday and they are not going to pay you for 11". So due to their negligence and delays I didn't even know they shorted me for 2 weeks and didn't know they were going to pull this b.s. for another week - so how can I prove I worked o.t. 3 weeks ago? I don't care it's too trivial even for me it's just three hours but for the company it's like pocket change. Why make an issue of it?

    However this has prompted me to pursue waiting time penalties for them making me wait about 13 days for my final paycheck.

    Am I correct in the following conclusion to the waiting time period?

    Last day of work was Mar 29th, so I should have had a check printed and mailed by Mar 30th. It wasn't printed and mailed until April 11th, I am aware that just because I didn't receive it in the mail for another 2 days doesn't matter. But the payment date of April 11th is 13 days after being discharged.

    Do I have a case for waiting time penalties for these 13 days????
    Or maybe just the days after 04/06 when I wrote in requesting payment?

    Hope not to have confused you with all these dates, etc.,
  2. #2
    appleboy is offline Junior Member
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    I'm by no means an expert in this, but my guess is that you can go after them for not paying on time, for what you can get out of it I don't know, maybe some interest? as for the 3hrs overtime, unless you have proof somewhere that you worked that long, I think you're S.O.L.
  3. #3
    pattytx is offline Senior Member
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    Actually, I doubt the state would consider this a termination that was subject to the "pay immediately" California requirement. Poster worked for a temporary staffing agency and assignment ended (for whatever reason). That does not necessarily mean the employee was terminated from his employer, the temp agency.
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  4. #4
    mistmk is offline Junior Member
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    If not "terminated" paycheck was still late...

    If normal paydays were every Thursday following a work week then I should have been paid April 7th and wasn't paid until April 11th. Does this qualify as a waiting time penalty case regardless of whether or not I was terminated or just the "assignment ended"? If the employer is not subject to the "pay immediately" California requirement how about the not paying on regular payday? I go to labor board conference (or hearing) Nov 2nd.
  5. #5
    pattytx is offline Senior Member
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    In my experience, the waiting time penalty only applies to final pay. The law does state that nonexempt employees must be paid no less frequently than semi-monthly and no later than 7 days following the end of the pay period.

    And I'm surprised this has even gotten to a hearing. Late wage claims do not normally necessitate hearings. You file the claim, the DOL investigates and makes a ruling. How did a hearing come to be?

    I'll be surprised if the waiting time penalty is awarded here, but I'd be interested in hearing one way or the other.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  6. #6
    mistmk is offline Junior Member
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    Conference or Hearing?

    I sent in my claim and rec'd a letter for a conference. If not resolved here, then it goes to a hearing. Or maybe it's the other way around, but it's the first of the two steps in the process. California is my state.

    You said "the waiting time penalty only applies to final pay". Why would this NOT be final pay? I was supposed to work for 2 weeks and they fired me after two days of the first week which ended April 1st. If payment for nonexempt employees must be paid no later than 7 days following the end of the pay period I should have been paid by the following Friday (April 8th) at the very latest. The company policy was to pay us on Thursdays; therefore the 7th which would give me 4 days waiting time. The check they sent me was written on April 11th, rec'd on April 13th.

    So maybe 3 days waiting period?

    I'll let you know what happens

    tx for your input
  7. #7
    pattytx is offline Senior Member
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    OK, I stand corrected. There were so many dates in your post, I got confused.

    Now, if I understand correctly, you resigned with a two-week notice. Your employer accepted your resignation after only 2 days into your notice period. To be on the conservative side, this would probably be deemed by the state as an involuntary termination for purposes of final pay, thereby requiring pay on your last day of work. The liberal application of the final pay requirements would be that you resigned with at least 72 hours notice and should also receive your pay on the last day of work.

    Either way, it was late. Once termination of employment is involved (no matter by whom it was initiated), it's either on the last day of work or 72 hours from the last day of work. File the claim. It's free and you have nothing to lose.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  8. #8
    mistmk is offline Junior Member
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    Conference scheduled for today was called off. The labor commissioner called me and said the employer was going to send me a check for the full amount requested - that being 12 days waiting time penalty. Cha-ching!
  9. #9
    pattytx is offline Senior Member
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    Told ya!
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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