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The simple answer is yes, you are still owed the penalty for these days.
Labor Code Section 202 states that you are to be paid a waiting time penalty for all days where your pay was unavailable to you.
So, as long as the employer did not tell you that the check was ready for you to pick up, you would be entitled to the 4 days.
the employee sent the final check via FedEx that encored more time. would this change my out come
Did they say that you could pick it up at the place of business and you choose not to?
as well the employer did not say if it was coming in the mail
no to pickup
what I mean it was not offered or ready many office of employer is out of state. how ever they have offices in CA
The pay has to be "available" to you. If they did not specifically state that it was ready for you to pick up then you would be entitled to the waiting time penalty until the day the paycheck was in your hand, or they gave you the option of coming and picking it up. Labor Code Section 203 sets out the rules for providing a waiting time penalty. Section 202 further defines this in your exact scenario. The DLSE actually has a page which sets out an example concerning your exact scenario. This can be found here:
my may concern was this statement that I read "
If the employer mails the employee’s wages, the date the wages are mailed is considered the date of payment." from what you wrote this would not apply
Do you know what date the fed-ex package was mailed?
no they did not inform me of that
I found out when I had it arived
So, under the law, " the day you received the wages, and not the day they were mailed, is the date of payment and the day when the penalty stops accruing."
However, if they argue that they said that you refused to come pick it up so they mailed it, then they could try to get around this to cause the day it was mailed to count as the day where the penalty stops accruing
Thank you! you have provided me great support and answered my concerns.
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thank you will do.
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