McLean v. California
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Plaintiff Janis McLean, a retired deputy attorney general, appealed a judgment of dismissal after the trial court sustained the demurrer of defendants the State of California and the California State Controller’s Office to her class action seeking waiting time penalties under Labor Code section 2031 for the failure to comply with the prompt payment requirements of section 202. She argued the trial court erred in ruling that the term "quits" in sections 202 and 203 did not apply to employees who quit in order to retire. The Court of Appeal agreed that in the context of sections 202 and 203, requirements applying to employees who quit also apply to employees who quit to retire. The Court therefore reversed the judgment as to the State of California. However, because the Court held that it was unnecessary to name the California State Controller’s Office as a defendant, and affirmed the judgment of dismissal as to the controller’s office.
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