Pineda v. Bank of America, N.A.

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.) 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 rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.” (§ 203, subd. (a), italics added (hereafter section 203(a)).) A one-year statute of limitations typically governs actions to recover…