Updated November 20, 2025
Overview of California Labor Code 210
California Labor Code 210 is a crucial piece of legislation that safeguards employees’ rights regarding timely wage payments. This law establishes penalties for employers who fail to pay their employees on time, ensuring that workers receive their hard-earned wages without unnecessary delays. In this article, we will explore the intricacies of California Labor Code 210, including its provisions, penalties for violations, and the rights of employees under this law.
California Labor Code 210 mandates that employers must pay their employees on scheduled paydays. If an employer fails to do so, they may face significant penalties. This law is designed to protect employees from financial hardship caused by late payments, which can affect their ability to meet essential obligations such as rent, bills, and other living expenses.
Key Provisions of Labor Code 210
Timely Payment Requirement: Employers are required to pay their employees on predetermined paydays. This includes regular wages, overtime, and any other compensation owed.
Penalties for Late Payments: If an employer fails to pay wages on time, they are subject to penalties. The penalties vary based on whether the violation is a first-time occurrence or a repeated offense.
Employee Rights: Employees have the right to seek penalties for late payments directly from their employers or through the Labor Commissioner’s office.
Penalties for Violating Labor Code 210
The penalties imposed on employers for failing to pay wages on time are structured to deter non-compliance and protect employees.
Initial Violations
For the first instance of late payment, employers face a penalty of $100 for each employee affected. This penalty serves as a warning to employers about the importance of adhering to payment schedules.
Subsequent Violations
If an employer commits a subsequent violation or if the late payment is deemed willful, the penalties increase significantly. Employers are liable for:
- $200 for each employee affected by the late payment.
- An additional 25% of the amount unlawfully withheld.
This tiered penalty system emphasizes the seriousness of timely wage payments and encourages employers to comply with the law.
How Employees Can Claim Penalties
Employees who experience late payments have several avenues to pursue penalties under Labor Code 210.
Filing a Claim with the Labor Commissioner
Employees can file a wage claim with the California Labor Commissioner’s office. This process allows employees to seek statutory penalties directly related to their late payments. The Labor Commissioner will investigate the claim and determine the appropriate penalties.
Private Legal Action
Alternatively, employees may choose to pursue legal action against their employers. This option allows employees to seek compensation for unpaid wages and penalties through the court system. It is essential for employees to gather evidence, such as pay stubs and communication records, to support their claims.
Understanding Willful Violations
A critical aspect of Labor Code 210 is the distinction between accidental and willful violations.
Definition of Willful Violations
A willful violation occurs when an employer intentionally withholds wages or fails to pay employees on time. This can include situations where an employer knowingly delays payments or fails to rectify payment errors despite being aware of them.
Implications for Employers
Employers found to have committed willful violations face harsher penalties. The increased fines serve as a deterrent against intentional misconduct and emphasize the importance of timely wage payments.
Exceptions to Labor Code 210
While Labor Code 210 provides robust protections for employees, there are certain exceptions to consider.
Employee Actions
If an employee takes steps to avoid being paid on time, such as failing to provide accurate banking information for direct deposits, the employer may not be held liable for late payment penalties.
Specific Industries
Certain industries may have different regulations regarding payment schedules. For example, employees in the entertainment industry or those working under specific collective bargaining agreements may have unique payment terms that differ from standard practices.
The Importance of Record-Keeping
For both employees and employers, maintaining accurate records is vital in the context of Labor Code 210.
Employee Documentation
Employees should keep detailed records of their work hours, pay stubs, and any communications regarding wage payments. This documentation can be crucial when filing a claim for late payment penalties.
Employer Responsibilities
Employers must also maintain accurate payroll records to demonstrate compliance with Labor Code 210. Proper documentation can help defend against claims of late payments and ensure that employees are paid correctly.
Seeking Legal Assistance
Navigating the complexities of Labor Code 210 can be challenging for employees.
When to Consult an Attorney
If you believe your employer has violated your rights under Labor Code 210, it may be beneficial to consult with an employment attorney. Legal professionals can provide guidance on your rights, help you understand the claims process, and represent you in legal proceedings if necessary.
The Role of Employment Lawyers
Employment lawyers specialize in labor law and can assist employees in pursuing claims for unpaid wages and penalties. They can help gather evidence, file claims, and negotiate settlements on behalf of their clients.
Conclusion
California Labor Code 210 plays a vital role in protecting employees’ rights to timely wage payments. By imposing penalties on employers who fail to comply with payment schedules, this law ensures that workers receive their wages without unnecessary delays. Employees who experience late payments should be aware of their rights and the avenues available to seek compensation. Whether through the Labor Commissioner’s office or private legal action, employees have the tools to hold employers accountable for their obligations under the law. If you find yourself in a situation where your wages are not paid on time, consider reaching out to a qualified employment attorney to explore your options and protect your rights.
If you need employment litigation, call Setyan Law at (213)-618-3655. Free consultation.
