At the end of last year, in Pineda v. Bank of America, 50 Cal. 4th 1389 (2010), the California Supreme Court made a previously rare species of class action much more of a compliance threat. In this episode, Harry covers the resulting danger of the “pure pay delay” class action under Labor Code Section 203, which engenders from maintaining a payroll system that allows and records delays between employee separations and employee final paychecks. Harry lays out the nature of the claim and both its class certification and merits defenses. Harry shows how this species of class action can particularly victimize employers that do not act proactively. He demonstrates how this form of insidious payroll problem is now a large liability in California for many employers and will likely originate more class action lawsuits in the future. Please join Harry as he outlines the claim, and how to detect this problem and defend against it.

About After Hours
After Hours is designed primarily for in-house counsel and Human Resources professionals who deal with employment law matters. Using individual podcasts devoted to discrete issues, Harry covers both best practices for legal compliance and recent developments in employment law. The program draws from the realm of wage-hour law, union/management legal and collective bargaining issues, and the wide range of employment law issues generally, but with a particular emphasis on California law and legal developments. Harry hopes to offer the viewer a valuable, informative but also humorous perspective, all in the context of a brief podcast that you can watch at your convenience from your device. After Hours will have new podcasts every one to three weeks. The program is available for automatic download to your computer and mobile device through iTunes.