McLean

Under Labor Code sections 202 and 203, an employer must make prompt payment of the final wages owed to an employee who “quits” his or her employment, or else pay statutory penalties. In this case, plaintiff Janis S. McLean, a retired deputy attorney general, filed suit against the State of California on behalf of herself and a class of former state employees who, having resigned or retired, did not receive their final wages within the time periods set out in the statute. We consider two questions arising from McLean’s suit. First, do sections 202 and 203 apply when employees retire? Second, is McLean’s suit subject to dismissal on the ground that it was filed against the State of California rather than the state agency for which she had worked?

We conclude, as the Court of Appeal held, that Labor Code sections 202 and 203 (section 202 and section 203) apply when employees retire from their employment. We also conclude that McLean’s decision to name the State of California as a defendant rather than the Department of Justice is not a basis for dismissing her suit. We accordingly affirm the judgment of the Court of Appeal.

I.

The prompt payment provisions of the Labor…