(a)In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each employee as provided in Sections 201.3, 204, 204b, 204.1, 204.2, 204.11, 205, 205.5, and 1197.5, shall be subject to a penalty as follows:
(1)For any initial violation, one hundred dollars ($100) for each failure to pay each employee.
(2)For each subsequent violation, or
any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.
(b)The penalty shall either be recovered by the employee as a statutory penalty pursuant to Section 98 or by the Labor Commissioner as a civil penalty through the issuance of a citation or pursuant to Section 98.3. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) through (k), inclusive, of Section 1197.1.
(c)An employee is only entitled to either recover the statutory penalty provided for in this section or to enforce a civil penalty as set forth in subdivision (a) of
Section 2699, but not both, for the same violation.
Notes of Decisions
Bunkley v. Cole Haan, LLC (E.D. Cal. 2025).
· cites it 3× “Failure to Timely Pay Wages During Employment (Claim 6) 10 Defendant also argues that claim 6 of plaintiff’s SAC must be dismissed because: (1) 11 there is no private right of action under California Labor Code § 204; (2) that even if pled 12 correctly as a claim for penalties…”
Leander v. Accent Controls, Inc. (S.D. Cal. 2025).
· cites it 3× “Penalties Under Labor Code § 210 2 Labor Code § 210 provides that any employer who fails to timely pay wages in 3 violation of the Labor Code’s provisions must pay a penalty of $100 for the initial 4 violation, plus $200 for each subsequent violation, plus 25 percent of the…”
Hill v. Pac. Mar. Ass'n (N.D. Cal. 2025).
“Cal. Labor Code § 210 . 4 Plaintiffs’ § 204 claim is improperly alleged for the same reasons stated above.”
Loveland v. Home Depot U.S.A., Inc. (N.D. Cal. 2025).
“Home Depot’s request to strike Loveland’s claim for untimely payments under Labor Code section 204 is denied. Labor Code section 210, which provides for civil penalties for violations of section 204, was amended in 2019 to include a private right action for employees.”
Hill v. Pac. Mar. Ass'n (N.D. Cal. 2025).
“Cal. Labor Code § 210 . But 15 courts regularly hold the mere underpayment of wages is insufficient to support a § 204 claim.”
Deborah J. Rombaut v. U.S. Concepts, LLC (C.D. Cal. 2025).
“Code § 1174 (d)); (6) Failure to Pay Wages Timely during Employment 24 ( Cal. Lab. Code §§ 210 and 218.5); (7) Failure to Pay All Wages Earned and Unpaid 25 at Separation ( Cal.”
Padilla (N.D. Cal. 2025).
“The complaint alleges a 18 representative Private Attorneys’ General Act of 2004 (“PAGA”) action for civil penalties under 19 California Labor Code sections 210, 226.3, 558, 1174.”
Lopez (E.D. Cal. 2025).
“) In that action plaintiff Fuentes seeks penalties, interests, attorneys’ 4 fees, and costs pursuant, but not limited to: (1) penalties under California Labor Code § 2699; (2) 5 penalties under California Code of Regulations Title 8 § 11040; (3) penalties under California 6…”
Wade (E.D. Cal. 2025).
“Mariscal, 2021 WL 1400892 , at *4 (“California Labor Code section 210 provides for a recovery of $100 for the initial violation of 24 California Labor Code section 204 and $200 for each subsequent violation.”
Chang v. Cashman (N.D. Cal. 2024).
· cites it 4× “Penalties under California Labor Code § 210 3 California Labor Code § 210 provides that: 4 (a) In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the 5 wages of each employee as provided in Sections…”
Naranjo v. Spectrum Sec. Servs., Inc. (Cal. 2024).
· cites it 2× “) But for “any willful or intentional violation,” the penalty is $200 “for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld.”
Ramirez v. Cornerstone Bldg. Brands, Inc. (E.D. Cal. 2024).
· cites it 2× “Penalties under California Labor Code section 210 in addition to, and entirely 17 independent and apart from, any other penalty provided in the California Labor 18 Code in the amount of a hundred dollars ($100) for each aggrieved employee per 19 pay period for the initial…”
— Cal. Labor Code § 210(a) — 2 cases
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