Waiting time penalties (Lab. Code 203(a)): last day on which the daily penalty can accrue (30 days after final wages were due)

30 days after date the final wages were due under lab. code 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202 or 205.5, under Cal. Lab. Code 203(a).

Rule text

(a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.

Cal. Lab. Code 203(a), official source

Calculate this deadline

Deadline
Sunday, December 6, 2026
  1. Trigger (Date the final wages were due under Lab. Code 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202 or 205.5): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Rules applied
Cal. Lab. Code 203(a)
(a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • Not a filing deadline: marks the end of the maximum 30-day accrual (penalty stops earlier if wages are paid or an action is commenced). Counted as 30 calendar days from the due date (roll none; accrual is not an act). Whether day one is the due date itself or the day after is not stated (AMBIGUITY of one day). The limitations period for the penalty suit is separate (Lab. Code 203(b); see ca_sol wages_203_waiting_time_penalty_3yr).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the final wages were due under Lab. Code 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202 or 205.5 on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the final wages were due under Lab. Code 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202 or 205.5): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Not a filing deadline: marks the end of the maximum 30-day accrual (penalty stops earlier if wages are paid or an action is commenced). Counted as 30 calendar days from the due date (roll none; accrual is not an act). Whether day one is the due date itself or the day after is not stated (AMBIGUITY of one day). The limitations period for the penalty suit is separate (Lab. Code 203(b); see ca_sol wages_203_waiting_time_penalty_3yr).

Related deadlines

All California pre-suit, housing and employment deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.