final wages

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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…

Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011)

Kimbly Arnold filed a complaint against Mutual of Omaha on her behalf and on behalf of a putative class of similarly situated “licensed agents” and “sales representatives” of the company, alleging violations of the California Labor Code, including provisions governing expense reimbursement of employees and timely payment of final wages to…

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…

On November 18, the California Supreme Court in Pineda v. Bank of America, No. S170758 (Cal. Nov. 18, 2010) (pdf) clarified two issues regarding so-called “waiting time penalties” (i.e., penalties under California Labor Code Section 203 associated with the late payment of final wages upon termination of employment). First, the Court ruled that a three-year statute of limitations applies to such actions, whether or not accompanied by a claim for the underlying late wages. Second, it held that waiting time penalties are not recoverable as restitution under California’s unfair competition law, Business and Professions Code Section 17200 (the “UCL”). While the latter ruling is marginally beneficial to employers by limiting liability under the UCL, the Court’s finding of a three-year statute of limitations for waiting time penalties dramatically expands potential employer liability.

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…