Employer Penalties. While specific penalties may apply if your employer fails to pay you wages at all or pays you less than what you are owed, the state may not have specific penalties in place for late wage payments.o file a late-wage payment claim, the state may require that you fill out a form and include your employer’s name and contact information, total amount of monies that you are claiming, and the date wages were due and actually paid. The time allowed to process your claim varies by state.