2004-21

"Waiting Time" Statute in Labor Code Requires that Employee be "Discharged"

California wage and hour laws require a so-called "waiting time" penalty for the untimely payment of wages to a terminating employee. An appellate court has ruled that these penalties are not available where the employment came to an end by agreement. The case involved a model hired for a single day whose wages were paid months after the employment ended. The employee sued for "waiting time penalties", but the court rued the penalty is not available unless the employee was actually discharged.

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Age Comment Keeps Case of Alive

A federal court in Illinois ruled that a supervisor's comment to a 59 year-old employee that he was "undesirable in the business world because of his age" just five months before the employee was fired and replaced by a 22 year-old was enough evidence of an illegal motive to send the case to a jury trial.

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