California · final-pay waiting-time penalty · Lab. Code § 203
California waiting-time penalty (LC 203)
Lab. Code §§ 201–203 / DIR FAQ_WaitingTimePenalty: willful failure to pay final wages with no good-faith dispute → one day's wages per calendar day unpaid, capped at 30 (weekends/holidays count). Due: discharge → immediate; quit ≥72h notice → last day; quit without notice → within 72h. Daily rate = hourly × usual daily hours (regularly scheduled OT included; occasional OT excluded) or weekly salary ÷ usual workdays. Classic DIR: discharge Fri 5/3 unpaid until Fri 6/14 (42 days) @ $10×8h → 30×$80 = $2,400. Penalty is not wages. Not CA reporting/split. Not PR Christmas bonus.
What this page computes
Enter separation type, last day worked, paid date (or as-of if still unpaid), hourly rate + usual daily hours (and any regularly scheduled OT), or weekly salary ÷ workdays. The ticket shows daily rate, calendar days late, penalty days (capped at 30), and total waiting-time penalty. This is not a weekly punch OT calculator — use /california-overtime/ for LC 510 daily 8/12.
In scope
- Willful failure to pay final wages under §§ 201–202 → § 203 penalty
- Discharge / layoff due immediately; quit with ≥72h notice due last day; quit without notice due within 72h
- Daily rate × min(calendar days late, 30); weekends and holidays count
- Hourly path (usual hours + regularly scheduled OT) and salaried path (weekly ÷ workdays)
- Good-faith dispute toggle (penalty off)
Out of scope
- IWC reporting-time / split-shift premiums (separate page)
- LC 226.2 piece-rate rest / nonproductive pay
- LC 510 overtime classification of worked hours
- Other states’ liquidated-damages / equal-pay waiting statutes
Classic DIR example
Discharge Friday May 3; wages unpaid until Friday June 14 → 42 calendar days late, capped at 30. Usual day $10 × 8h = $80 → 30 × $80 = $2,400.
Sources
- DIR / DLSE FAQ — Waiting Time Penalty
- Cal. Lab. Code § 203
- Cal. Lab. Code § 201 (discharge)
- Cal. Lab. Code § 202 (quit)
Related
CA overtime (LC 510) · CA reporting / split · CA meal break · IL DTLSA equal pay
How is the daily rate set?
DIR FAQ Q6/Q7: hourly employees — regular hourly rate × usual hours in a workday; regularly scheduled OT is included; occasional OT is not. Salaried — weekly salary ÷ usual workdays per week.
Do weekends count toward the 30-day cap?
Yes. Calendar days run without excluding weekends or holidays. The statutory maximum is still 30 days' wages.
Is the penalty itself wages?
No. DIR states the waiting-time penalty is a penalty, not wages — though it is calculated from the daily wage rate.
Same as reporting-time pay?
No. Reporting-time and split-shift premiums live on /california-reporting-split/. This page is only the LC 203 final-pay waiting-time penalty.