Employees go to work in California, and they expect to get paid for it on a timely basis. Some employees don’t get paid on time, or don’t even get paid at all though. California law has recognized the right of those people to get paid what their employer owes them. Under section 210 of the California Labor Code, those workers can even recover penalties for late payments or failure of an employer to pay its employees.
Penalties and the Election on How to Proceed
Section 210 of the California Labor Code was amended in the recent past. It now allows workers to bring private actions against employers in order to pursue penalties for the late payment or failure to pay employees what they have earned. As per section 210 those penalties are $100 for every failure to pay an employee or $200 for if the failure to pay was willful or intentional, $200 “for each failure to pay each employee plus 25% of the amount unlawfully withheld.”
A Choice Must be Made
The affected employee can elect to pursue the penalties, or the Labor Commissioner can pursue them. If the affected employee enlists the services of the Labor Commissioner to obtain the missing wages, the Labor Commissioner will retain any penalties that are paid. If the employee brings his action pursuant to the Private Attorney General Act, he or she will not be permitted to pursue wages and penalties on their own. That’s because the law frowns on double recoveries.
If you haven’t been paid some or all of your earnings by your employer, contact our California employment law attorneys for a consultation and case review.
