Is Overtime Included in Calculating the Daily Rate of Pay for Purposes of Computing the Waiting Time Penalty?
It depends. Regularly scheduled overtime is included in calculating the daily rate of pay for purposes of computing the waiting time penalty. On the other hand, occasional or infrequent overtime is not included in the calculation of the daily rate of pay for purposes of computing the waiting time penalty. I Understand That If I Am Discharged from My Job, or Quit, and My Employer Willfully Fails to Pay Me My Final Wages and There Is Not a Good Faith Dispute That Any Wages Are Due, That I Am Entitled to a Waiting Time Penalty of up to 30 Days’ Wages. If My Employer Pays Me 15 Days after My Final Wages Are Due, Am I Entitled to the Full 30 Days’ Wages of Penalty?No, payment of wages or the commencement of an action stops the penalty from accruing. Filing in court commences an action. Filing a wage claim with the Labor Commissioner’s office (Division of Labor Standards Enforcement) is not considered an action and does not prevent the waiting time penalty from continuing to accrue. I Was Di
