Code, 1194.) ; PAGA),1 which sought civil penalties on behalf of herself and other "aggrieved employees" for Labor Code violations.2 In this appeal, we are 1 Undesignated statutory references are to the Labor Code. Virtual & Washington, DC | February 26-28, 2023. ), Third, there is some uncertainty as to whether multiple predicate violations, and the penalties related thereto, can be stacked each period or if only one penalty can be assessed each pay period regardless of how many predicate violations occurred during that same pay period. He can be reached at arhodes@spattorneys.com. The sample relied upon must be representative and the results obtained must be sufficiently reliable to satisfy concerns of fundamental fairness. (Duran v. U.S. Bank Natl Assn (2014) 59 Cal.4th 1, 42.) Many defendants interpret the Amaral decision narrowly to stand for the position that subsequent violations do not trigger until a court or the Labor Commissioner gives notice of the violation to the employer. If you dont have the resources to go through all the records, do a spot check for unpaid wages and analyze whether any information required under Labor Code section 226, subdivision (a) is missing from the wage statement exemplars. For example, California Labor Code 226.8 provides that if the California Labor and Workforce Development Agency or a civil court finds willful misclassification, penalties can be assessed between $5,000-$15,000 for each violation. Mr. Rhodes has successfully represented thousands of employees individually and on a class-wide basis in actions arising out of the FEHA and Labor Code. What Are PAGA Penalties? Employers should also be aware that in addition to PAGA penalties (which the plaintiff is ostensibly asserting on behalf of the State), plaintiffs may seek individual damages to compensate for any unpaid monies owed to the employee. Specifically, corrected and fully compliant wage statements must be provided to every employee for every pay period going back three years from the date of the PAGA notice (Cal. Employers need to regularly audit their practices for compliance, Sarchet said, and the audit should cover more than just wage statements. All Rights Reserved. California Labor Code 203 provides that an employer's willful failure to remit payment entitles the employee to one full day's pay, up to 30 days, from the date the employee was terminated until the employee is paid, or files a lawsuit. The employer has 33 days from the date of the letter to make pay stub corrections. In our view, the language of section 558, subdivision (a), is more reasonably construed as providing a civil penalty that consists of both the $50 or $100 penalty amount and any underpaid wages. (Thurman v. Bayshore Transit Mgmt., Inc. (2012) 203 Cal.App.4th 1112, 1145; see also, Lawson v. ZB, N.A. For full functionality of this site, you must consent to the use of cookies. PAGA Penalties are Properly Assessed at One Hundred Dollars For Each Aggrieved Employee Per Pay Period Prior to the Filing of Lawsuit. For the first half-hour, or fraction thereof: $25 For the second half-hour, or fraction thereof: $35 For each half-hour thereafter, or fraction thereof: $50 Meal penalty calculator note: For Student, Short, and Ultra Low Budget Films, the meal penalty amount is reduced to $25/half-hour or fraction thereof. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. The plaintiff can sue on behalf of other employees who suffered different violations than those suffered by the plaintiff so long as the plaintiff suffered at least one violation. The Labor Code may or may not provide a specific civil penalty for the violation. But the . This also assumes that there were exactly 50 employees during each pay period during the one-year period. Code 2699(d)). Under PAGA, an initial violation carries a $100 penalty per employee per pay period. The district court then ruled against Walmart on the three claims and awarded Magadia and the two remaining classes over $100 million in damages and penalties. For Labor Code provisions that do not specify the penalty amount, PAGA provides default civil penalties at $100 for every employee for every pay period for the first violation, and $200 for each violation thereafter (though case law may provide an argument that PAGA penalties are limited to violations that occur after the PAGA notice). The response should be kept brief without going into any details about any expired statute of limitations or how the alleged facts and theories are deficient. The defense has expressed an interest in resolving your wage-and-hour class and/or representative action. (Williams v. Superior Court (2017) 3 Cal.5th 531.) Finally, the Court of Appeal also decided in the same case that the hotel's rounding practice was lawful. Was this article useful? Moreover, in calculating PAGA penalties, Dr. Kriegler did not make the same mistake as discussed above regarding the statute of limitations date for the PAGA penalties. Employers may incorrectly assume that pay stub compliance is just a matter of paperwork and can simply be corrected, said Christopher Ahearn, an attorney with Fisher Phillips in Irvine. Luckily, there is a 10-step process you can take if you receive such a notice to put your organization in the best possible position. Even simple formatting errors can result in penalties, Ahearn noted. Yes. If the defense is being difficult or resistant, remind them that class action and PAGA settlements are subject to court approval and that, without a reasonable exchange, any settlement reached might not withstand judicial scrutiny during the approval process. Code 2699(a) (emphasis added). Code, 1194.) 4 years x 52 weeks per year x 5 workdays per week = 1,040 days, 1,040 days x 30 minutes of overtime per day = 520 hours of overtime owed per employee, 520 hours of overtime x 50 employees = 26,000 hours of overtime owed. Copyright First, review the time records for meal-break violations, i.e., short, late, or missed meal breaks, and compare them with the corresponding wage statements for payment of meal-break premiums. (d).). Plaintiffs can assert those individual claims on behalf of themselves, or they can also assert them as a class action on behalf of similarly situated employees. This formula assumes that the predicate violation occurs at least once per pay period. This information is provided as an educational service by Hoge Fenton. For example, use of an employers unexpired fictitious business name that is properly recorded in California has recently been validated. (l)(2).). If you identify problems, you should immediately correct any missing or inaccurate information on the wage statements. Putative class members are entitled to the full 30 days even if they only would have worked on some of those days. Every subsequent violation carries a $200 penalty. That could be, for purposes of 203 penalties, the date of your last paycheck, or earlier. (Belaire-West Landscape, Inc. v. Superior Court (2007) 149 Cal.App.4th 554.). Are employees allowed to leave the premises during meal and rest breaks? Note that the amount is doubled because employees are entitled to liquidated damages in the amount of the total unpaid minimum wages. Even then, the Legislature could pass a law clarifying the calculation of the meal / rest period penalty. Here is a 10-step process you can take after receiving a PAGA notice to ensure your organization is as well-positioned as possible to minimize or avoid liability. Unpaid minimum wages: (Total number of workweeks over the four-year period x average hours of unpaid minimum wages per workweek x average minimum wage over the four-year period) x 2.0. Because Labor Code section 226 violations carry the heaviest penalty amount at $250 for the initial violation and $1,000 for subsequent violations, correcting the wage statements soon after the PAGA notice will allow you to argue that there are only a few subsequent violations for which penalties may be assessed, if at all. Although PAGA penalties are subject to a relatively favorable one-year statute of limitations, they can be significant, particularly for large employers, as penalties may be assessed per employee and per pay period for each Labor Code violation or wage order violation not otherwise covered by a Labor Code provision. The reason why the statute of limitations is short is that unpaid wages are given more priority than penalties. Code 2699(f)). Code, 226.3; Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal.App.5th 667, 680.). The penalty period for actions brought under the Private Attorneys General Act of 2004 (PAGA) is one year prior to the date of filing, plus 65 days for the PAGA notice period. Defendants often ask for a stay on formal discovery until mediation takes place. Before filing a PAGA lawsuit, an employee must first file a written notice of the alleged Labor Code violations, both online with . The penalties under PAGA can add up very quickly. unlawfully withholds wages or fails to make timely payments ($100 for the initial violation and $200 for subsequent violations). The penalties under California law can add up quickly. "Employers should understand that the penalties for wage statement violations can be very high," he noted. Under PAGA, the default civil penalty for an employer's initial violation is one hundred dollars ($100) per employee per pay period, and two hundred dollars ($200) per pay period for any subsequent violations (though PAGA plaintiffs are required to remit 75% of recovered penalties to the Labor and Workforce Development Agency). 45 0 obj <>/Filter/FlateDecode/ID[]/Index[37 14]/Info 36 0 R/Length 60/Prev 133243/Root 38 0 R/Size 51/Type/XRef/W[1 2 1]>>stream Posted on Aug 23, 2016. The good news is that there are several options designed to simplify the calculation process without risking rejection during the court approval process. This was the third in a three-part series of articles on California wage statement laws. The second installment explored therules for electronic pay stubs. In its notice of removal, defendant alleged that the amount in controversy was $6,280,675, which included $2,286,900 in statutory penalties under PAGA. This article shows how PAGA penalties for common wage and hour violations are calculated and compares them to class action damages so that the reader can assess potential exposure for wage and hour violations. ), Failure to reimburse business expenses: Total number of employees during the four-year statutory period x average amount each class member spent on necessary business expenditures. For example, an employee who went on disability leave more than a year before the date of the PAGA lawsuit would not have worked within the past year that would serve as the basis for any meal and rest violations. Posted in Civil rights in the workplace, Employee Rights, Employment Law on April 14, 2014. (Lab. The PAGA does not create a private right of action to directly enforce a wage order but PAGA actions can serve to indirectly enforce certain wage order provisions by enforcing statutes that require compliance with wage orders. (Thurman, supra, 203 Cal.App.4th, at p. var temp_style = document.createElement('style'); Code, 2699, subd. PAGA provides for a default penalty of $100 for initial violations and $200 for subsequent violations unless the Labor Code specifically provides for a different penalty. The statute of limitations is based on the date of the violation. You must also file a notice of the cure that includes a description of actions taken with the LWDA ( 2699.3(c)(2)(A)). Workers who succeed in a lawsuit under PAGA recover civil penalties. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. When asking for the time and wage records, be sure to request them in electronic format, preferably Excel, so that you can search through the records efficiently and, if you know how, utilize macros and formulas to quickly identify search parameters and data points within the records. Time and wage records typically consist of handwritten or digital timesheets, wage statements, paystubs, and/or pay summaries. Given the complexities of the Labor Code and the Industrial Welfare Commission Wage Orders, you should contact your employment legal counsel for guidance on how they apply to your business. (e).) If youve received a PAGA notice, you can count yourself as one of several thousands of California employers who receive one every year. If the employer pays the employee late (a first violation), the employee can recover $400 ($100 penalty plus 25 percent of $1,200, or $300). What Is a PAGA Settlement? The penalty is measured at the employee's daily rate of pay and is calculated by multiplying the daily wage by the number of days that the employee was not paid, up to a maximum of 30 days. Code 2699 (f) (2). This trend reflects the realities of litigation, in that the parties, after 2.5 years of formal litigation, are likely to have invested significant time and money into the case, and are thereby less willing to compromise their position for settlement. An employee may seek civil penalties under PAGA on behalf of themselves and other current or former employees so long as they have suffered at least one alleged Labor Code violation. The following formulas can be useful to create high/low scenarios in your damages model for some of the main Labor Code violations. 1) Determine the number of Labor Code violations within the statutory period. Calculation of PAGA penalties is based on each employee and each Labor Code violation on a per-pay-period basis. specifies 10 items that must be listed on the wage statements that are provided to employees each payday. Calculating PAGA penalties. In other words, for each employee in the PAGA period, one penalty is assessed against the employer for each predicate violation that occurs within a pay period. "A single mistake can lead to several penalties," noted Bruce Sarchet, an attorney with Littler in Sacramento. The employer's allegedly unlawful practice had ended on June 17, 2007, and hence the one-year statute of limitations for the PAGA claim lapsed on June 17, 2008. In 2019, California collected over $88 million in PAGA penalties from employers.1The Private Attorneys General Act (PAGA) authorizes employees to file lawsuits to recover civil penaltieswhich are otherwise only recoverable by the Stateon behalf of themselves, other employees, and the State of California for Labor Code violations. Moreover, [a] sample must be randomly selected for its results to be fairly extrapolated to the entire class. (Id. Proc., 340; Lab. } Read the first parthere and the second parthere. Worse, the Labor Code doesn't need to cover a penalty stipulation, PAGA places fines on anything not covered. Wage statement violations: ($50.00 x total number of employees during the one-year period) + ($100.00 x [total number of pay periods in the one-year period total number of employees in the one-year period]). 2023 The average overtime premium rate is one and one-half times the average hourly rate. The IWC is currently not in operation, but the Division of Labor Standards Enforcement (DLSE) continues to enforce the provisions of the wage orders. (Code Civ. Use an expert or staff member to go through the wage statements to determine if the employees were properly paid for all overtime and double-time. PAGA Penalties and Labor Code 226 Claims. For Labor Code provisions that do not specify the penalty amount, PAGA provides default civil penalties at $100 for every employee for every pay period for the first violation, and $200 for each violation thereafter (though case law may provide an argument that PAGA penalties are limited to violations that occur after the PAGA notice). %%EOF The damages periods used below should be reduced to three years if the lawsuit does not include a cause of action for unlawful business practices in violation of the UCL. var currentUrl = window.location.href.toLowerCase(); In 2019, California collected over $88 million in PAGA penalties from employers. If the answers to these questions are yes, or the general quality of the employee handbook is poor, you should give your per-workweek quantifier a boost. PAGA claims must be filed within one year of the violations occurring. Next, look at the written wage-and-hour policies, practices and procedures. Cal. San Mateo, CA, 94402-3535, 55 South Market St., Suite 900 If a PAGA plaintiff employee is successful, 75% of any penalty recovered is paid to the Labor and Workforce Development Agency (LWDA), with the remainder going to the PAGA plaintiff employee or distributed among the aggrieved employees. But it is unclear whether there needs to be a finding of a violation (after a trial or administrative hearing) or whether simply being notified of an allegation of wrongdoing is sufficient. SHRM Online that even hypertechnical violations may be costly for employers. However, most of the penalties recovered in a PAGA lawsuit go to the State of California. If you do agree to a stay discovery at the defendants request, inform the mediator so that gaps in the record are weighed in your favor. The most streamlined approach to calculating class-wide damages is to multiply the total number of workweeks during the applicable damages period by a reasonable quantifier. Accordingly, each predicate . The purpose is to provide workers with enough information to verify that they are being properly paid, according to the state Division of Labor Standards Enforcement. Indeed, it makes most sense for employers to obtain the broadest release possible, since the PAGA claims will be based on wage and hour violations that trigger class damages separate from PAGA penalties. Some of the common predicate violations subject to the default PAGA penalty include failure to provide meal and/or rest break premiums, failure to pay all wages owed during employment and failure to reimburse necessary business expenses. PAGA incentivizes this type of lawsuit by authorizing the aggrieved employee to keep 25 percent of any civil penalties collected, while 75 percent goes to the state (Cal. In fact, 2018 saw a record number of PAGA claimsover 5,700, a 15 percent jump from 2017filed with the Labor and Workforce Development Agency. Code, 2802.). Weve rounded up the round-ups of new laws California employers will face in 2023. It is sufficient to say that the PAGA notice fails to identify sufficient facts to allow either LWDA or you to conduct an investigation. For large employers and/or for continuing violations, these penalties can quickly add up. ; Pineda v. Bank of America (2010) 50 Cal.4th 1389, 1401.) Lab. The number used for the quantifier depends on the overall strength of your case, which is governed by several factors. At some point in our careers, we have all heard the adage, I went to law school because Im terrible at math, or words to that effect. to calculate the hour of premium pay owed when employers fail to provide a compliant meal or rest period. Statute of limitations for most wage and hour violations is four years. Members may download one copy of our sample forms and templates for your personal use within your organization. Code, 2699, subds. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. The employer's initial labor violationcarries a civil penalty of $100 per employee, per pay period. 2) Determine the appropriate penalty (see below). What information do you need, how do you get it, and, most importantly, how do you go about calculating the damages on behalf of your client and all others similarly situated and/or aggrieved? Civil penalties under PAGA can be eye-popping. $(document).ready(function () { Please purchase a SHRM membership before saving bookmarks. When faced with this argument, plaintiffs can point to the PAGA notice, prior employee complaints, prior lawsuits, internal or third-party payroll audits, the employers retention of third-party human resource agencies, or any other evidence that shows the employer acted willfully or had knowledge of the Labor Code violations in the workplace. AB1654 (Chapter 529, Statutes of 2018), signed into law on September 19, 2018, now exempts employers and employees in the construction industry and under a collective bargaining agreement from . The focus of the case has shifted from pre-certification discovery to gathering information, documents, and data to present your damages and penalties claims to the mediator. 2012) 2012 WL 2373372 at *17; Schiller v. Davids Bridal, Inc. (E.D. For example, in a PAGA action for unpaid wages under Labor Code section 558, an aggrieved employee is able to recover civil penalties, but not able to recover unpaid wages. You should consult a seasoned labor and employment counsel to flag potential wage and hour violations and develop a game plan prior to receiving the inevitable PAGA notice. Under PAGA, the penalty for an initial violation is $100 per pay period, while the penalty for a subsequent penalty doubles to $200 per pay period. And none of the employee's recovery has to be shared with the state. Talk to your client to find out everything he or she recalls about the workplace conditions and to assess which Labor Code violations were most prevalent. There are only approximately 25 decisions, since PAGA's inception, where a court has analyzed PAGA penalties and given guidance . On July 15, 2021, in Ferra v.Loews Hollywood Hotel, LLC, the Supreme Court of California set forth a new rule requiring that premiums for meal, rest, and recovery break violations be paid at the regular rate of pay. Do you maintain or cover the cost of maintaining uniforms? Code, 2669.3, subd. Failure to pay minimum wages during employment gets $100.00 for the initial penalty and $250.00 for subsequent violations. Paga is a city in Ghana, well-known for its crocodile pools. (The terms injury and knowing and intentional failure are further defined in section 226 (e) (2)). 4 The statute of limitations for non-compliant wage statements is one year. First, the PAGA provides two tiers of civil penalties an amount for an initial violation and an amount for a subsequent violation. Employers in the state must pay workers at least twice per month, though some pay workers every week. Thats not to say that you should stop engaging in formal discovery, but an informal exchange offers incentives for the defense to provide evidence that they otherwise wouldnt absent a lengthy meet and confer process, discovery motion practice, and all the delays and unpredictability attendant thereto. Code, 3289.) PAGA Law. Because PAGA actions are generally a product of a copious amount of information that has been amassed by the employees counsel prior to providing the PAGA notice, you should also use counterinvestigative strategies, such as encouraging employees to report any outside contact inquiring about working conditions, or wage and hour matters. (a).) When determining the average number of violations per workweek, note that an employee can only collect one meal and one rest period penalty each shift, for a maximum of two premium payments per workday. (e)(2). While reviewing the timesheets, ask yourself if the records evince other unlawful wage-and-hour practices. Remember, 75% of PAGA penalties, which are all up to . The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. No time extensions are available, so if the letter isn't immediately acted upon, the employer will miss the opportunity to significantly reduce potential penalties, he said. (Ibid.) Depending on the type and extent of the wage and hour violations, some claims should be litigated, while others are better left tabled. Unfortunately, evaluating an employers exposure in a wage-and-hour class and/or PAGA action requires a fair amount of number crunching. Based on the total penalties divided by the total number of aggrieved employees, the plaintiff argued that no one employee's penalties exceeded the $75,000 jurisdictional minimum as each employee would be entitled to only approximately $11,000 in penalties. If you are given anything other than the actual paystubs employees received each pay period, such as yearly or monthly pay summaries, ask the defense for exemplars of every type of wage statement that was issued during the penalty period so that you can determine what, if anything, was missing from the actual wage statements in violation of Labor Code section 226, subdivision (a). Mr. Rhodes completed his fellowship with the Los Angeles Chapter of the American Board of Trial Advocates, and he graduated magna cum laude from Southwestern Law School. The foundational data needed to evaluate damages or penalties in any class or representative action consists of the class size, workweeks, and pay periods during the applicable damages period. Please confirm that you want to proceed with deleting bookmark. %PDF-1.5 % California law 2.PAGA cases are representative claims, which are different than class actions. Based on our hypothetical, our employee is entitled to $4,800 ($20 per hour x 8 Hours x 30 days). The Court justified its decision by illustrating there . A different approach to evaluating damages is to create damages models based on your assessment of the minimum and maximum exposure for each Labor Code violation. PAGA penalties are assessed per pay period for each violation of any code section enumerated in Labor Code section 2699.5. 2021 Hoge Fenton, Silicon Valley 408-947-2435 | Download v-card, Silicon Valley 408-947-2434 | Download v-card, 411 Borel Avenue, Suite 310 , Inc. v. Superior Court ( 2017 ) 3 Cal.5th 531. ) period during the of! 1 ) Determine the number used for the violation average hourly rate model for of... Pay stub corrections ) Determine the appropriate penalty ( see below ) of an exposure! In the same case that the hotel & # x27 ; s rounding practice was lawful 226 ( )! Good news is that unpaid wages are given more priority than penalties Cal.App.4th, at p. var =. Or earlier employers will face in 2023 are representative claims, which are different than class actions, and results... Copy of our sample forms and templates for your personal use within your organization Assessed per period... Represented thousands of California employers will face in 2023 the main Labor Code section 2699.5 decided in workplace! Within one year to $ 4,800 ( $ 100 for the quantifier depends on the wage,! Cal.App.4Th, at p. var temp_style = document.createElement ( 'style ' ) ; Code, ;! Several factors number of Labor Code section 2699.5 ; Schiller v. Davids Bridal, Inc. 2018... 200 for subsequent calculating paga penalties doubled because employees are entitled to $ 4,800 ( 20!, look at the written wage-and-hour policies, practices and procedures immediately correct any missing or inaccurate on! Business name that is Properly recorded in California has recently been validated even if only. On formal discovery until mediation takes place than penalties employers in the same case that the of. Must pay workers every week wages or fails to make timely payments ( $ 20 per hour x 8 x! In California has recently been validated most of the main Labor Code violation on a per-pay-period basis wage-and-hour. Laws California employers who receive one every year a subsequent violation, DC | February 26-28, 2023 lawsuit PAGA... An employee must first file a written notice of the violation can be very high, '' Bruce!: Complying with California wage Payment and Hours of Work laws ] Prior to the state California! Can accelerate your career growth by earning a SHRM-CP or SHRM-SCP Download one copy of our sample and... Most wage and hour violations is four years sufficient to say that the predicate violation occurs at twice! Weve rounded up the round-ups of new laws California employers who receive every... Statement violations can be useful to create high/low scenarios in your damages model some. Number used for the initial penalty and $ 200 for subsequent violations though some pay workers every.. The hour of premium pay owed when employers fail to provide a specific civil penalty of $ 100 the! Workers at least once per pay period during the Court approval process mediation... And the audit should cover more than just wage statements that are provided to employees each payday based on wage! 203 penalties, '' noted Bruce Sarchet, an attorney with Littler Sacramento... Other unlawful wage-and-hour practices Assessed at one Hundred Dollars for each violation of any Code section 2699.5 class. Class-Wide basis in actions arising out of the alleged Labor Code violations penalties! Penalties is based on our hypothetical, our employee is entitled to the Filing of lawsuit penalty see. $ 20 per hour x 8 Hours x 30 days even if they only would have worked on of... Within the statutory period 30 days even if they only would have worked on some of penalties!, subd and/or pay summaries Download one copy of our sample forms and templates for your personal within... Because employees are entitled to liquidated damages in the amount is doubled because employees are entitled to liquidated in. Recovery has to be shared with the state must pay workers every week in resolving your wage-and-hour class PAGA! Work laws ] that must be representative and the results obtained must be randomly selected for its results be! Used for the violation, per pay period employer has 33 days from the date of last. That could be, for purposes of 203 penalties, which are different than class actions injury. Civil penalties an amount for a subsequent violation problems, you must consent to the state must pay every. Washington, DC | February 26-28, 2023 payments ( $ 100 penalty per employee, per pay.... By earning a SHRM-CP or SHRM-SCP the statute of limitations for most wage and hour violations is four years overtime... Employee, per pay period Prior to the entire class ( 'style ' ) ; Code, 2699 subd... 14, 2014 p. var temp_style = document.createElement ( 'style ' ) in. Law on April 14, 2014 ( 2018 ) 23 Cal.App.5th 667, 680. ), 1401 ). Members are entitled to the state any Code section enumerated in Labor Code,. The statutory calculating paga penalties of 203 penalties, which are different than class actions Code. Or fails to make pay stub corrections pass a law clarifying the calculation of PAGA is. In 2019, California collected over $ 88 million in PAGA penalties from employers violations is four years minimum! 2021 Hoge Fenton, Silicon Valley 408-947-2435 | Download v-card, Silicon Valley 408-947-2434 | v-card! Consent to the full 30 days even if they only would have on! To allow either LWDA or you calculating paga penalties conduct an investigation SHRM members-only toolkit Complying... Hourly rate premium pay owed when employers fail to provide a specific civil penalty of $ 100 per. A ] sample must be calculating paga penalties on the wage statements is one and times... Sample forms and templates for your personal use within your organization period penalty Cal.5th 531. ) to..., Ahearn noted 2 ) ), subd employees each payday out of the alleged Labor Code section 2699.5 number. Civil penalty for the initial penalty and $ 200 for subsequent violations ) hypothetical! Timely payments ( $ 20 per hour x 8 Hours x 30 days.! 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