How is California's final paycheck penalty calculated if my hours varied?

When your work hours weren't consistent week to week, courts generally calculate the penalty using your average daily wage over a representative period of your employment, rather than picking either your best-earning week or your worst as the basis.

One detail that tends to surprise people in their favor: for someone who worked only three days a week, the penalty still accrues for every calendar day the paycheck is late, not just for the days you would have actually been scheduled to work. If you regularly worked overtime, that pattern can also be factored into the average daily wage calculation used to determine your penalty amount.