California Waiting Time Penalty Calculator

When Final Wages Are Generally Due

• Discharged or Laid Off: All earned and unpaid wages are due immediately at the time of termination (Labor Code § 201).
• Resignation with ≥ 72 Hours Notice: Wages are due at the time of quitting (Labor Code § 202).
• Resignation with < 72 Hours Notice: Wages are generally due within 72 actual hours after quitting (Labor Code § 202).

The 30-Day Maximum & Calendar Days

The statutory penalty continues for each calendar day wages remain unpaid, up to a strict maximum of 30 calendar days.

Do weekends and holidays count? Yes. Under official DLSE interpretations, the penalty accrues on every calendar day, including Saturdays, Sundays, holidays, and days the employee would not normally have worked.

What Stops the Penalty Clock?

The accrual of waiting-time penalties stops when:

• All final wages are fully paid;
• Payment is properly tendered and made unconditionally available; or
• An action for the wages is commenced in court.

Important note: Filing an administrative wage claim with the DLSE (Labor Commissioner's Office) is not by itself treated as the commencement of a court action for stopping waiting-time penalty accrual.

What Is a “Good-Faith Dispute”? (8 CCR § 13520)

Under California Code of Regulations Title 8 § 13520, a “willful” failure to pay wages occurs when an employer intentionally fails to pay wages to an employee when due.

However, a good-faith dispute that any wages are due will preclude imposition of waiting-time penalties. A good-faith dispute occurs when an employer presents a defense, based in law or fact, which, if successful, would preclude any recovery by the employee. The defense does not need to ultimately prevail in court, provided it was not completely untenable or without merit.