California Supreme Court

Janis S. McLean, Plaintiff and Appellant v. the State of California, Defendants and Respondents

August 18, 20161 Cal. 5th 615

Summary

The court held that Labor Code sections 202 and 203 apply to employees who retire because retiring is a voluntary departure that falls within the ordinary meaning of quitting. It also held that naming the State of California rather than the employing department was not grounds for dismissal at the pleading stage because employer status depends on factual responsibility for the alleged failure to pay wages. The court therefore affirmed the Court of Appeal.