final paycheck

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We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Nishiki v. Danko Meredith, APC, 25 Cal. App. 5th 883 (2018)

Taryn Nishiki worked as office manager and paralegal for a law firm before resigning her employment via email on Friday, November 14, 2014.  At the time of her resignation, Nishiki was owed $2,880.31 for her accrued but unused vacation time.  On Tuesday, November 18, 2014, the firm mailed Nishiki a handwritten check…

Canales v. Wells Fargo Bank, N.A., 23 Cal. App. 5th 1262 (2018)

Fabio Canales and Andy Cortes sued Wells Fargo under PAGA for an alleged violation of Cal. Lab. Code § 226 for failure to provide an itemized wage statement concurrently with a terminated employee’s final wages paid in-store. The trial court granted summary judgment to Wells Fargo on the ground that it…

Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018)

Hamid H. Khan brought this lawsuit against his former employer pursuant to the Private Attorneys General Act of 2004 (“PAGA”) based on the fact that his final paycheck (in contrast to all other wage statements he had received) did not include the start date for the applicable pay period. Khan purported to sue…

Pineda v. Bank of America, 50 Cal. 4th 1389 (2010)

Although plaintiff Jorge A. Pineda gave two weeks’ notice of his resignation from Bank of America, the bank did not pay him his final wages on his last day of employment, as required by Cal. Labor Code § 202, but instead paid him four days late. In this putative class action, Pineda sued for…

City of Oakland v. Hassey, 163 Cal. App. 4th 1477 (2008)

The city sued Kenny D. Hassey for breach of contract after he failed to reimburse it for the costs of training him to become a police officer with the Oakland Police Department. Oakland had entered into a memorandum of understanding with the Oakland Police Officers’ Association authorizing the city to require employees who…