The elves at pinkbunnyears.com have been hard at work. We didn’t get all of our tasks done, if you read last night’s post, you’ll know our elves were out drinking instead of researching. Did you expect anything less of us?
The Sommelier: You seem quiet, you ok?
Wine Dog: I’m fine, I just don’t know the words to “Here Comes Santa Claus”.
Anyway, with our half-assed research sort of done (it’s kind of like the prelims you get from India) we provide the following little snack for our readers:
An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee’s daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A “good faith dispute” that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a “good faith dispute”. Labor Code Section 203 and Title 8, California Code of Regulations, Section 13520
Even if there is a dispute, the employer must pay, without requiring a release, whatever wages are due and not in dispute. If the employer fails to pay what is undisputed, the “good faith” defense will be defeated whatever the outcome of the disputed wages. Labor Code Section 206
If you had as much fun as the Wine Dog did yesterday, you may have to move your lips when you read this and maybe even read it out loud. Finished? Now, wasn’t that a good Christmas present? The PBE legal beagles have expressed actual knowledge of success under this Labor Code.
Sorry, Patty, today I’m your Grinch. Go take a soak in that tub, you’ll feel better.