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Pineda v. Bank of Am., NA S170758

By FindLaw Staff on November 22, 2010 9:01 AM

Plaintiff's suit against Bank of America for wage violations

Pineda v. Bank of Am., NA S170758, concerned a challenge to the court of appeal's affirmance of the trial court's judgment in favor of the defendant, in plaintiff's suit against his former employer, seeking to represent a class of former Bank of America employees whose final wages were untimely paid.

In reversing the judgment, the court remanded the matter in holding that Lab. Code section 203(b) sets forth a single limitations period governing all actions to recover section 203 penalties regardless of whether an employee seeks both unpaid wages and penalties alone.  The court also held that section 203 penalties are not recoverable as restitution under the UCL because employees have no ownership interest in the funds.

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