UNPAID WAGES
OFF THE CLOCK WORK, UNPAID COMMISSION, PREPARATION TIME, ROUNDING HOURS/SHAVING MINUTES, TRAVEL TIME, ETC.

Public policy in California has long favored the full and prompt payment of wages due an employee. To ensure that employers comply with the laws governing the payment of wages when an employment relationship ends, the Legislature enacted Labor Code Section 203 which provides for the assessment of a penalty against the employer when there is a willful failure to pay wages due the employee at conclusion of the employment relationship. Assessment of the waiting time penalty does not require that the employer intended the action or anything blameworthy, but rather that the employer knows what he is doing, that the action occurred and is within the employer’s control, and that the employer fails to perform a required act.  Assessment of the penalty is not automatic however, as a "good faith dispute" that any wages are due will prevent imposition of the penalty.  Unpaid wages may also apply to unpaid commissions, work performed "off the clock," preparation time, rounding hours/shaving minutes, and/or travel time claims. 

Generally an employer must compensate the employee for all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

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