Call Our Free Helpline NOW 949-379-6250

Employment Law News


Posted by Samuel A. Wong | Aug 25, 2014 | 0 Comments


McLean v. State of California (2014), Cal.App.4th, No. C074515, decided on August 19, 2014, that a class action could proceed for waiting time penalties under Labor Code section 203 for the employer's failure to pay retirees their final wages at the time they retired.  Pursuant to Labor Code section 202, employers have to pay an employee who quits his/her final wages within 72 hours unless 72 hours notice is given.  The court held that an employee who “quits” includes “all employees who quit, whether to retire or for a different reason, and these employees constitute a single group under the statutory scheme.”

Janis McLean was employed by the California Attorney General's office as a deputy attorney general. Upon her retirement in November 2010, McLean claimed that the state had not compensated all wages due to her at the time of her retirement.

Initially, the State contended McLean's complaint citing that the Labor Code accounted for those who “quit” versus “retired.” McLean countered, stating that both terms refer to a “voluntary separation from service.” The Court of Appeals upheld that the definition of the Labor Code “are to be liberally construed in favor of the employee.” Therefore, these rights extend to employees who quit or retire.

About the Author

Samuel A. Wong

Samuel A. Wong is a renowned Orange County trial lawyer and a Co-Founder of Aegis Law Firm. Mr. Wong has spent his entire career litigating employment related matters, including wrongful termination, discrimination, harassment, wage, disability and medical leave cases. Mr. Wong is also an expert ...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Quickest and Easiest Way to Hold Your Employer Accountable

At the Aegis Law Firm, we know that you may be going through a difficult time, and we are here to help you recover from the wrongs that you suffered. An attorney at our Orange County or Los Angeles law firm can speak with you for a free initial consultation to help you with your employment issues. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.