California Court of Appeal

Judgment awarding plaintiff damages for unpaid wages and for breach of contract based on a judicially supervised settlement of plaintiff's wage claim, but holding that defendant's president was not personally liable, is affirmed but modified, where: 1) plaintiff's statutory wage claims under Labor Code sections 202, 203, and 1194, which are subject to a three-year limitations period, were not time-barred because the limitations period was equitably tolled while plaintiff pursued his administrative claim before the Labor Commissioner; 2) plaintiff's claim for a statutory penalty for failure to pay minimum wages under section 1194.2 was time-barred and thus the trial court erred when it imposed that penalty; 3) substantial evidence supports the trial court's finding that plaintiff was an employee under the multi-factor test and there was no prejudicial error in the court's use of the presumption of employment; 4) the trial court did not err in imposing a section 203 penalty for defendant's failure to timely pay final wages upon plaintiff's resignation; and 5) the trial court correctly determined that defendant's president could not be held personally liable for plaintiff's wage claims.

Appellate Information

• Decided 08/28/2013
• Published 08/28/2013

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel