Nonpayment of meal or rest period premiums may result in penalties under Labor Code Section 210. The California Supreme Court ruled that premium pay is equivalent to “wages” when it comes to depriving an employee of a meal or rest period. (See 13 Cal. 5th 93; Naranjo v. Spectrum Security Services, Inc., 2022).
What are the violations of the Labor Code?
Common Labor Code breaches include nonpayment of overtime, minimum wage, payment delays, and unreimbursed business expenditures.
What is Labor Code 210 in California?
California Labor Code Section 210 imposes late fees on businesses as a means of encouraging them to pay employees on time. Paying late for the first time is punishable by a $100 penalty. If an employer intentionally or repeatedly delays, they face a $200 punishment and 25% of the unjustly withheld pay.
The following is the statute’s whole text:
210. (a) Failing to pay the salaries of each employee as specified in Sections 201.3, 204, 204b, 204.1, 204.2, 204.11, 205, 205.5, and 1197.5 will result in the following penalty, in addition to any other penalties specified in this article:
A fine of one hundred dollars ($100) for each initial infraction involving the inability to pay each employee.
The policy imposes a fine of $200 for any consecutive or deliberate violation, and 25% of the amount wrongfully withheld.
The Labor Commissioner can impose a civil fine through a citation, or the employee can recover the penalty as a statutory penalty under Section 98.3. The processes outlined in subdivisions (b) through (k), inclusive, of Section 1197.1 shall apply for the issuance, contestation, and enforcement of judgments for citations issued by the Labor Commissioner under this section.
Employees can only pursue a civil penalty or recover the statutory penalty for the same infraction, not both.
Penalties (Labor Code 210) for late salary payment:
In California, when workers show up for work, they anticipate receiving their compensation on schedule. However, some workers don’t receive their paychecks on schedule or at all. According to California law, those individuals have the right to receive the money that their company owes them. Workers can recover fines for late or nonpayment by employers under section 210 of the California Labor Code.
Penalties and the Decision about What to Do Next
The California Labor Code recently underwent an amendment to Section 210. Employees can now file private lawsuits against their employers to seek fines for late payments or failure to pay them what they have earned. Section 210 stipulates that the penalty for not paying an employee are as follows: $100 for each instance of nonpayment, or $200 in the event that the nonpayment was deliberate or willful, $200 “for each failure to pay each employee plus 25% of the amount unlawfully withheld.”
FAQs on Labor Code 210:
How can I pursue Californian unpaid wages?
Please file a wage claim with the labor commissioner if you have been the victim of wage theft. You must file claims within three years for wage violations, overtime, unlawful deductions, and unpaid reimbursements. Within two years, you have to submit claims based on an oral commitment to pay more than the minimum wage.
In California, how long may an employer refuse to pay you?
In California, employers who intentionally fail to pay their employees’ wages on time may face waiting time penalties. The penalties for late wages include one day’s pay per day, up to a maximum of thirty days.
What does California wage theft entail?
Paying employees less than what is legally required is known as wage theft. Paying employees less than the minimum wage, refusing to pay overtime, denying them breaks for meals and rest, making them work after hours, and pocketing tips are a few instances of wage theft.
The California Labor Code’s Section 216?
A person commits a misdemeanor if they, or any agent, manager, superintendent, or officer acting on their behalf, deliberately fails to pay wages that are due and payable following a demand, in addition to any additional penalties stipulated by this article.
In Summary of Labor Code 210:
Ultimately, a decision needs to be made. The Labor Commissioner may pursue the fines, or the impacted employee may choose to do so. The Labor Commissioner shall keep all fines paid in the event that the affected employee uses the Labor Commissioner’s assistance to recover the unpaid pay.
The employee will not be able to seek pay and penalties on their own if they file a lawsuit in accordance with the Private Attorney General Act. This is due to the fact that double recoveries are illegal.
