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Thursday, June 4, 2015

McLean v. State of California: Supreme Court Will Decide Whether Waiting Time Penalties Apply to Retiring Employees and Whether State Employees May Sue the "State of California"

California Labor Code section 202 provides that an employee's wages become due and payable not later than 72 hours after he or she quits. In McLean v. State of California (2014) 228 Cal.App.4th 1500 (available here) the Court of Appeal held that section 202 applies to retiring employees. The Court also held that McLean, a former deputy attorney general, properly sued the State of California as her "employer" but improperly sued the State Controller's Office.

The California Supreme Court granted review on November 25, 2014. The issues, as stated on the Court's web site, are as follows:

(1) When bringing a putative class action to recover penalties against an "employer" under Labor Code section 203, may a former state employee sue the "State of California" instead of the specific agency for which the employee previously worked? 
(2) Do Labor Code section 202 and 203, which provide a right of action for an employee who "quits" his or her employment, authorize a suit by an employee who retires?
McLean is case number S221554, and the Court's web site for it is here.

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