Michele Medrano v. Autozone, Inc.

MEMORANDUM

Michele Medrano, a former employee of AutoZone, Inc., is the sole remaining plaintiff in this suit concerning AutoZone’s wage and hour practices. As part of an order dismissing Medrano’s remaining claims, the district court granted summary judgment to AutoZone on Medrano’s individual claim that AutoZone did not timely issue her final paycheck. The district court then vacated its prior order certifying a class of former AutoZone employees who had received untimely final paychecks and dismissed the claim without allowing the substitution of a new named plaintiff.

Medrano’s final paycheck claim implicates California Labor Code § 202(a), which provides that when an employee quits without notice, “his or her wages shall become due and payable not later than 72 hours thereafter.” Payment of these wages is to be made “at the office or agency of the employer in the county where the employee has been performing labor.” Id. § 208. Penalty wages accrue “[i]f an employer willfully fails to pay” the final paycheck in the time period proscribed, except when the employee “secretes or absents himself or herself to avoid payment” or “refuses to receive the payment when fully…