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PINEDA v. BANK OF AMERICA, N.A.

No. S170758.

50 Cal.4th 1389 (2010)

117 Cal. Rptr. 3d 377

241 P.3d 870

JORGE A. PINEDA, Plaintiff and Appellant, v. BANK OF AMERICA, N.A., Defendant and Respondent.

Supreme Court of California.

November 18, 2010.

Attorney(s) appearing for the Case

Spiro Moss Barness , Spiro Barness and Gregory N. Karasik for Plaintiff and Appellant.

Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr. , Stephen P. Sonnenberg , Thomas E. Geidt , Maria A. Audero , Heather N. Mitchell and Jeffrey P. Michalowski for Defendant and Respondent.

Orrick, Herrington & Sutcliffe, Gary S. Siniscalco , Patricia K. Gillette , Andrew R. Livingston and Greg J. Richardson for California Employment Law Council as Amicus Curiae on behalf of Defendant and Respondent.

Jones Day , Richard S. Ruben , Craig E. Stewart and Harry I. Johnson III for Ralphs Grocery Company as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

MORENO, J.—

When an employee is terminated or resigns from his or her employment, final wages are generally due and payable immediately. (Lab. Code, §§ 201, 202.)1 Section 203 provides that, if an employer willfully fails to timely pay final wages, "the wages of the employee shall continue as a penalty from the due date thereof at the same...

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