Claims
The legislation has enacted some serious statement regarding the waiting time penalty. If the employee claims any blame against his employer about delaying or withholding payment of their wage after the conclusion of their career, then the waiting time penalty might be applied on the blamed employer after proper verification of the incident.

Before taking any action against the employer it has to be properly verified that the employer and employee had a true working relationship between them. Then the authorities must check if the employer willfully missed paying the wage or if it was accidental. If the employer has a valid reason behind missing payment of wages to the employee, then the employer might be exempt from the penalty.

If it is found out that employer willfully failed to pay wages to his employees, then the waiting time penalty will be applicable to the employer.

Why the Penalty Exists
The waiting time penalty has been a useful policy for the employees who don’t receive their wage at right time. It’s an effective policy for employees to get their justified wages back just on time or get the penalty he deserves. There is a certain rule of fixing the penalty.

The daily wage rate of the employee is taken to account before setting up the entire penalty rate. And then the one day wage of that employee multiplied by the number of days of delay. And the maximum number of delay is 30 days. After 30 days of delay, no further number of days will be taken into account.

So, it means each day delay in paying the wage will result in the employee to pay double, then triple, then four times, five times and after 30 days the figure will be 30 times more than the actual daily wage rate. The more delay the employer makes, the more penalty fees the employee will be rewarded.

In last few years, a few remarkable events have taken place in California where the employees have claimed to receive their payment late from their employer. After further verification, the allegation against the employer has proven to be true and those employers were charged to pay the full penalty to those respective employees.

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It is wise to understand the meaning of waiting time penalty before taking any job offer. It is common to report to work expecting a specific salary only to get less because of being deprived the amount of work. Inadequate work can result from lack of proper notice or inadequate scheduling among other reasons. The excess actual hour’s one works are normally not included in the reporting time pay.

However, there are certain requirements when it comes to reporting pay. You have to understand these requirements in order to relate well with your employees. This article has outlined some of the requirements to enable you to get informed.

Expectations
Employees are expected to report to work on a daily basis as stated by the firm. However, there are cases where the employee has no work or ends up doing half or even less of the work he or she is expected to do on a normal day. The employee in question has to get half the amount he or she is supposed to earn for a usual work day.

For example, if one is expected to work for six-hour shift and he or she only works for two hours, the firm is expected to pay him or her three hours of the day in reference to a regular day at work. Two hours for working and two hours in terms of reporting time. As much as he has worked only for two hours the rest of the time is also counted as hours worked under this case.

Rules

The rules are not applied in the event of the following; when operations in the firm cannot start or go one because of threats from property or employer. It is also not applicable if civil authorities will recommend the job to start or begin at the said time.

In essence, reporting time pay can simply be defined as the partial compensation an employee gets for reporting to his or her work place while anticipating to work for certain duration only to be deprived of work because of various reasons.

The reasons should result from the part of the employer. The same case applies if you are expected to work for a certain duration during the second shift only to be given fewer hours as a result of factors out of your control. Whether the reason has been caused by the employer or property, one deserves to be paid the same.

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Both employer and employees should be aware of waiting time penalty in California. The law is strict on employers; all employers are supposed to pay their workers in time failure to which they can experience a penalty. If an employer will miss a deadline, the employee is entitled to an extra day pay till 30 days.

California’s Final Paycheck Law basics

The state of California has strictest laws on final paycheck. If an employee is fired, he is entitled to his final pay immediately after the determination of his duties. If an employee quits without notice, the employer has up to 72 hours to pay for the final paycheck. Failure to pay the employee upon determination of his work due to quitting can attract a penalty. An employee who quits with a notice is supposed to be paid immediately. The state of California also protects the employee by requesting the employee to pay accrued and unused vacation and the PTO to the employee final pay check.

Waiting Time Penalties

An employee has the right to be paid upon completion of his work. If an employee waits and the employer fail to pay him is paycheck, the law requires the employee to access extra pay on the days he will have to wait. For example, if the employee receives a regular pay of a certain amount, then the late payment check will be based on the average wage of the employee for the day the employer will be late to pay the final check. There are several rules which apply to late payment penalties. Some of the rules which apply include the following:

If an employee works 8 hours a day, he or she will have to earn about 12 in a day. Each late payment will be equal to the $120 an employee earns. The employer will have to pay an equal amount to the amount he pays the employee on his daily schedule.

If an employee works in a part time basis, then he will have to earn the same amount during his wait time. If, for example, an employee earns $80 per day on his part time work, he will have to be paid the exact amount if he is subject to waiting upon completion of his job.

Overtime is included in the waiting paycheck if it is regularly included in the paycheck of individuals who is subject to waiting wages. Even if the employer pays you your final paycheck, you may be entitled to waiting paycheck if you have not been compensated fully.

Photo Credit: Shutterstock/Mego Studio

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