Unpaid Vacation Time Penalties

Summary

If an employer in California fails to pay accrued vacation time upon termination, the employee is entitled to waiting time penalties, which can be up to 30 days of daily wages. This applies even if the employee worked in another state, provided the employment contract is governed by California law. Consulting a labor attorney is advisable for specific guidance.

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California
Under California law:
- An employer must pay accrued vacation to employees upon termination of employment.
- If the employer fails to do so, the employee is entitled to waiting time penalties, which is equal to the daily wage for each day, up to 30 days.
Where did you find this?
The information provided is generally available and derived from the California Labor Code, specifically section *. It's advisable to consult with a labor attorney or contact the California Department of Industrial Relations for more specific advice.
so i am entitled to receive my vacation pay at my normal wage rate and an additional daily rate up to 30 days of them not paying my unused vacation time in my final paycheck?
Yes, under California law, if your employer fails to pay your accrued vacation time in your final paycheck, you are entitled to receive your normal wage rate and an additional daily wage for each day the payment is late, up to 30 days.
this is still applied, even though I physically worked in NJ but my employer is in California?
If your employment contract is governed by California law, then yes, California's wage and hour laws apply. However, this situation can be complex due to differing state laws. It's advisable to consult with a labor attorney to understand your rights fully.