California Labor Code Section 203: What Minimum Wage Workers Need to Know
If you are a minimum wage worker in California, it is important that you understand your rights under California Labor Code Section 203. This law provides protections for workers who have not been paid their full wages, including minimum wage, within a certain period of time after their employment has ended.
IF YOU’RE FIRED:
Under California Labor Code Section 203, an employer must pay all wages owed to an employee the date they are terminated.
IF YOU QUIT OR RESIGN:
Under California Labor Code Section 203, an employer must pay all wages owed to an employee within 72 hours of the employee's resignation. If the employee quits without giving at least 72 hours' notice, the employer has 72 hours to pay all wages due.
If an employer fails to pay an employee their full wages within this timeframe, the employee is entitled to a waiting time penalty. This penalty is equal to the employee's daily rate of pay for each day that the wages remain unpaid, up to a maximum of 30 days.
For example, if an employee is entitled to $15 per hour and works a 40-hour week, their daily rate of pay would be $120 (15 x 40 = 600 / 5 = 120). If the employer fails to pay their full wages within 72 hours of the employee's resignation or termination, the employee would be entitled to a waiting time penalty of $120 per day for each day that the wages remain unpaid.
It is important to note that the waiting time penalty does not apply if the employee's failure to receive their full wages was due to a dispute over the amount of wages owed. In this case, the employer must pay the undisputed portion of the wages within the 72-hour timeframe.
If you believe that your employer has not paid you your full wages within the required timeframe, you should contact an experienced employment law attorney. An attorney can help you understand your rights and options, and can represent you in court if necessary.
In summary, California Labor Code Section 203 requires employers to pay all wages owed to an employee within 72 hours of the employee's resignation or termination. If the employer fails to do so, the employee is entitled to a waiting time penalty. If you are a minimum wage worker in California and have not been paid your full wages within the required timeframe, it is important that you seek the advice of an experienced employment law attorney.