California Employment Law Update

Tag Archives: waiting time penalties

September 2018 California Employment Law Notes

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: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

$80.00 Error On Final Check Results In Six-Figure Judgment In Favor Of Employee

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, … Continue Reading

Late-Payment Penalty Claim Is Subject To Three-Year Statute Of Limitations

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 … Continue Reading

Supreme Court Clarifies Liability on Waiting Time Penalties

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 … Continue Reading

Employee May Not Recover Penalties As Restitution Under Unfair Competition Law

Pineda v. Bank of Am., N.A., 170 Cal. App. 4th 388 (2009) Jorge Pineda filed this class action against Bank of America for unpaid wages and for “waiting-time” penalties under Labor Code § 203. Although Pineda gave the bank two weeks’ advance notice of his resignation, the bank failed to pay him his final pay … Continue Reading

Attorney’s Fees May Be Assessed Against Employee Who Fails To Improve On Labor Commissioner’s Award

Smith v. Rae-Venter Law Group, 29 Cal. 4th 345 (2002) Following Timothy L. Smith’s resignation as an associate with the Rae-Venter Law Group (RVLG), he filed a claim with the Labor Commissioner and obtained an award for unpaid vacation pay, some miscellaneous deductions and expense reimbursements and statutory prejudgment interest. Smith also sought but failed … Continue Reading
LexBlog