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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 Note to Employers: If you have non-negotiated checks on your books which are made payable to employees whose employment has been terminated (i.e., because you are unable to locate the employee) and you have made all reasonable efforts to pay the wages, you may send the non-negotiated checks with an explanation of your efforts to contact the employee to the nearest office of the Labor Commissioner.Labor Code Section 202 An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting.
The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist.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. 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.Read More A question I hear a lot is: “I just left my job, when is my employer supposed to pay me my last paycheck? If you were fired or laid off If the employer ended your employment — fired you, laid you off, eliminated your position, etc. Read More Ever wonder what would happen if a lawyer tried to “pull a fast one” on a trial court judge? Read More A reader of this blog recently asked an intriguing question: “Your boss may require you to remain on work premises during your rest break.: Is this still true after the recent California Supreme Court decision? But what few seem to know is what happens to those verdicts long after the jury and the public have moved on. Read More A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. Read More Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. Read More The key excerpt from this latest ruling from the California Supreme Court, Mc Gill v Citybank, says it all: In previous decisions, this court has said that the statutory remedies available for a violation of the Consumers Legal Remedies Act (CLRA; Civ. Read More If your boss gives you a 1099 tax form each year, does that mean you are an independent contractor?