Wage and Hour Basics Archives

When are Temporary Workers owed Their Final Wages?

Hunter PyleJune 23, 2023

Payment of final wages upon termination (or resignation) can be a big deal in California. Labor Code sections 201-203 set forth important rules that employers must follow, and can result in stiff penalties when they are violated: up to 30 days of pay at the employee’s regular daily wages.

A recent California Court of Appeal decision explores the question of when temporary workers are owed their final wages. In Young v. REMX Specialty Staffing (2023) 91 Cal.App.5th 427, the plaintiff was hired by a temporary staffing agency in July 2013. She was then assigned to a Bank of the West location and, soon thereafter, terminated. The plaintiff then sued, claiming that she had not been properly paid her final wages upon the termination of her employment.

The case thus turned on California Labor Code section 201.3(b)(4), which provides that if an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable immediately. Continue reading “When are Temporary Workers owed Their Final Wages?” →

Minimum Wage, Public Employees, and the University of California

Hunter PyleSeptember 22, 2021September 22, 2021

The University of California (referred to in this post as “the Regents”) employs more than two hundred thousand people. Determining which laws apply to the Regents can be challenging. Gomez v. Regents (2021) 63 Cal.App.5th 386 provides some guidance with respect to California’s wage and hour laws. In Gomez, the plaintiff challenged the Regents’ policy […]

My Company Went Out of Business and Owes Me Wages: Successor Liability in California (2021)

Hunter PyleFebruary 16, 2021February 16, 2021

Workers who are the victim of wage theft can bring claims either in court or at the Labor Commissioner to recover their unpaid wages, damages, and penalties. Those claims, if successful, result in a judgment against the workers’ employer. But what if the employer goes out of business to avoid liability, and reforms a short […]

Joint Employer Liability in California Wage and Hour Cases

Hunter PyleFebruary 12, 2021February 12, 2021

Workers who sue for unpaid wages in California often find that their immediate employer has no money to pay them. Fortunately, California has a broad joint employer doctrine that allows workers to sue entities other than their immediate employers-including both businesses and individuals-for such wages. Continue reading “Joint Employer Liability in California Wage and Hour Cases” →

Individual Liability for Wage and Hour Violations under California Law

Hunter PyleFebruary 11, 2021May 6, 2021

This blog post explores several California statutes that allow workers to sue individuals for unpaid wages and related claims. That scenario normally arises when workers are employed by a business entity such as a corporation, and that entity is unable or unwilling to pay the wages that it owes. As demonstrated by the Atempa case analyzed below, the issue of whether individuals can be held liable can become critical when a corporate employer files for bankruptcy in an effort to avoid its obligations to its workers.

The relevant statutes discussed are Labor Code sections 558, 558.1, 1197.1, and 351. Continue reading “Individual Liability for Wage and Hour Violations under California Law” →

Alter Ego/Piercing the Corporate Veil in California Wage and Hour Cases

Hunter PyleFebruary 2, 2021

In any given week, approximately 25 percent of workers do not receive all of the wages that are owed to them.[1] As much as $50 billion per year in wages go unpaid nationally, with an estimated $26 million per week unpaid in Los Angeles County alone.[2] Those workers who are brave enough to pursue their […]

Employee or Independent Contractor? The State of California Law in 2021

Hunter PyleJanuary 31, 2021February 1, 2021

Determining whether a worker is an employee (EE) or an independent contractor (IC) under California law has become more complicated in recent years. However, in 2020 the California Legislature clarified that the ABC test (which is described more fully below) should be applied to all claims brought under either the California Labor Code or California’s […]