How to calculate waiting time penalty for unpaid wage when employee quits without giving 72 hours notice?

Hypothetical question: If I quit my job without giving 72 hours prior notice and am not paid all of the wages due me within 72 hours after the time I quit, must I return to my former employer’s place of business 72 hours after quitting and demand my wages in order for the waiting time penalty to apply?


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Answer:
In general, employers should make diligent, good faith efforts to ensure that employees are paid, including payment of final wages. Waiting time penalties may apply to an employee who quits without 72 hours prior notice and who does not return to the workplace to demand wages.

There are instances if the employer prevents employee from returning for your wages, or the employer informs you that the wages will not be available even if employee does return, whereby waiting time penalties may apply. Such situations are handled on a case-by-case basis.

Furthermore, if employee quits without giving at least 72 hours prior notice, the employee is entitled to receive payment of wages by mail if employee request this and designate a mailing address. Labor Code Section 202. If employee does so, and wages are not paid, waiting time penalties may apply.