Supreme Court of California
Pineda v. Bank of Am., NA, S170758
In plaintiff's suit against his former employer, seeking to represent a class of former Bank of America employees whose final wages were untimely paid, court of appeal's affirmance of the trial court's judgment in favor of the defendant is reversed and remanded where: 1) Lab. Code section 203(b) sets forth a single limitations period governing all actions to recover section 203 penalties regardless of whether an employee seeks both unpaid wages and penalties alone; 2) section 203 penalties are not recoverable as restitution under the UCL because employees have no ownership interest in the funds.
Appellate Information
- Decided 11/18/2010
- Published 11/18/2010
Judges
- MORENO
Court
- Supreme Court of California
Counsel
- For Appellant:
- Gregory N. Karasik, Paul W. Cane, Jr