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Waiting Time Penalty Claim

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janedon't

Junior Member
What is the name of your state (only U.S. law)? CA

I filed a Waiting Time Penalty claim in CA against my former employer, which has headquarters in MA. I gave two weeks notice and my final day of employment was to be 11/30/15. After about a weeks I called to see when I would be receiving my final check and the person in HR said that I would receive it the next pay cycle and it would be Direct Deposited. I stated that I was in CA and I was pretty sure we were to be paid our final paycheck on our last day. She brushed over this and said it will be there on the 11th. It was deposited but it was less than I had expected, but because I was expecting a pro-rated bonus for the 3rd quarter of which I worked 60 of the 90 days, I didn't speak up.

On 12/24/15 there was another Direct Deposit check into my account which read "Vacation." There were no hours listed and no hours accrued stated on any of the paycheck stubs. Fast forward, they didn't pay my bonus because they said I had to work there the entire 90 days to collect my bonus. This was their "policy."

I decided to file a Waiting Time Penalty claim for the late payment of my wages. I had a conference a little over a week ago and the Deputy said they never responded. She was surprised that they didn't show up. She went over my case and re-issued them a notice to appear for a "hearing."

My question is this: are there any ramifications for an employer who fails to acknowledge a claim issued by the DLSE? I don't want to go to a hearing, do they have the option to just pay the late fees? Is it unusual for a company to ignore a DLSE claim? Or, is this common practice?
 



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