California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question.First, let me reiterate that you are entitled to your vacation pay. For the purposes of your research, I wanted to provide a link to this information directly from the California DLSE website. This link can be found here:http://www.dir.ca.gov/dlse/faq_vacation.htmIn direct response to your question, Labor Code Section 203 provides for the assessment of a penalty against an employer for failure to pay wages owed when there is a "willful failure to pay wages" at the end of the employment relationship. The waiting time penalty does not require that an employer intended to do something blameworthy, only that the employer knew that it was owed, failed to pay it, and that failure was within the employer's control. In your case, what the employer did is willful under the law. Had they sent a check and it never got to you, that may not be deemed willful. They were aware you were owed vacation pay and they failed to pay it. Their stupidity is not a defense. You are thinking about willful in terms of what it means in the general every day since. The legal definition of it is far less forgiving.The only way that the penalty would not be assessed if you were to file a wage claim would be if there was a "good faith dispute" over the amount actually owed. That does not appear to be the case here.Finally, the penalty is measured at your daily rate of pay and is calculated by multiplying your daily wage by the number of days that you were not paid, up to a maximum of 30 days, not 31.Hopefully this clears up the confusion. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
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I have never experienced that problem. Were you in live chat? According to my screen, you are a subscriber. This means that you could ask 1,000 questions and give 2,000 accepts and it would not cost you any additional money. I have had question threads with over 20 accepts in them before so I have no idea why you were stopped from asking additional questions. As to how you get charged, as a subscriber, every accept you give pays me a very minimal amount. If you were not a subscriber, then you would pay a flat fee to the website based on how quickly you wanted an answer, and how much detail you wanted in that answer. The website then places your question into a queue depending on how much you are willing to pay. If you are not a subscriber, then yes, you would pay the website that same amount per accept that you gave in that instance. If you are a subscriber, then your question goes to the top of the queue. If you do click accept and cannnot ask additional questions, then you can always ask a follow-up here. http://www.justanswer.com/law/expert-accident-expert/Additionally, please tell me this has occured so that I can contact customer support to figure out what happened.Most likely, what happened is that the website was updating, or processing something so it locked you out of posting a question for a few minutes. Sometimes, once I post something I am prohibited from posting anything else below it for 4-5 minutes before the website properly updates everything.
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