Waiting Time Penalties for Unpaid Wages

I was terminated on September 30, 2008. There is a dispute of unpaid wages for hours worked on the date of termination. I was provided with different explanations on two separate occasions of how the wages were paid:

(1) The hours were averaged based on the time cards submitted for the current pay period and compensation was included in the "vacation pay" check. However, this is not reflected on the paystub separately noted on the paystub; and,

(2) I was released at 4:00 p.m. on that date; it was my choice to stay past that time.

I requested copies of my time cards and paystubs and after a thorough review was able to prove that I accrued 21.75 hours of vacation which is what is reflected on the check. Additionally, copies of two time cards were not provided to me....September 29, 2008 and September 30, 2008 (the subject of the disputed wages).

Further, I am able to prove that I was not released at 4:00 p.m. on the date in question because at approximately 5:00 p.m. I was still in my meeting with the office administrator and upon leaving I asked the receptionist to clock me out.

I was finally paid my wages on 10/31/2008, although it is marked as disputed.

Am I entitled to waiting time penalties of 30 days?

msflardigas

Not all, or even most, states have waiting time penalties. In what state are you?

I'm in California

You might be. File the claim with the DLSE, ask for waiting time penalties, and see what they say.