What is the penalty for failure to pay wages on payday?
HRCalifornia
Penalties for failing to pay wages on payday are significant, and inability to pay is not a defense.
Under Labor Code Section 210, employers face penalties for each missed payday. The initial penalty is $100 per employee per missed payday.
For subsequent violations, the penalty increases to $200 per employee plus 25% of the wages unlawfully withheld.
These penalties may be recovered by the employee (Labor Code Section 98) or assessed by the Labor Commissioner (Section 98.3).
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