If a guard who either quit or was fired is not given his final pay in the legally allowed time, what is the penalty against the PPO?
Answer: The penalty is measured at the employee's daily rate of the 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. This does not mean that the wages continue for 30 day period, but that the employee may be entitled to up to 30 actual days' worth of wages. The 30-day period calendar days, and includes weekends and holidays and any other days that the employee would not normally work. Payment of the wages or the commencement of an action stops the penalty from accruing. Filing a complaint in court commences an action, an employee filing a claim with the Division of Labor Standards Enforcement (DLSE) is not considered the filing of an action, and does not stop the penalty from accruing