Diaz v. Grill Concepts Servs., Inc.

*863An employer that does not pay its employees the wage required by law when they quit or are fired is liable for both the underpayment of wages and , if the failure to pay is "willful," a "waiting time" penalty of up to 30 days' wages. ( Lab. Code, §§ 203, subd. (a), 1194, subd. (a).) This appeal presents two questions regarding these "waiting time" penalties: (1) Is an employer's failure to pay "willful" when *528the employer (a) suspects the required wage has gone up but continues paying the old wage after halfheartedly investigating its suspicions, and (b) later makes an unreasonable argument…