Employment Law Questions? Ask an Employment Lawyer.
Good evening and thank you for entrusting me to assist you. What is your employer's reason for not having paid you sooner? I very much look forward to helping you on this matter.
The penalty you are referring to applies if an employer "willfully fails to pay" the employee's final earned wages. Once you made your employer aware that they did not actually give you a check, any failure to pay you from that point onward would be a "willful" failure to pay your wages, thus entitling you to penalties. According to the law, these penalties accrue at the employee's average aily rate of pay for each day of delinquency up to 30 days. So, it would seem that an employee in your circumstance would be entitled to 30 day's wages as a penalty for your employer's failure to pay you on time.
This penalty can be most easily pursued by filing a wage claim with the Department of Labor Standards Enforcement. The DLSE will investigate and attempt to mediate a resolution with your employer. If they do not cooperate, the DLSE will hold a hearing and issue an order to pay the penalties. To file a wage claim with the DLSE, visit this link.
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