On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends.
The California high court declined to review the case Parsons v. Estenson Logistics, LLC, in which an employee had sought to pursue claims under California’s Private Attorneys General Act (PAGA) alleging he was consistently paid two days late each week because his employer paid wages due on Saturday on the following Monday. The move leaves in place a decision by the Third District Court of Appeals that holds “when weekly-paid wages are due on a weekend or holiday, they may be paid on the next day that is not a holiday.”
Robert Parsons, a driver for Estenson Logistics, LLC, sued his employer under the PAGA on behalf of himself and other drivers alleging, among other things, that Estenson’s pay policies violated California Labor Code section 204, which requires that weekly-paid employees get paid within seven “calendar days” after the end of each weekly payroll period.
Estenson, like so many businesses in California, used a standard Sunday-through-Saturday workweek and paid its California employees every week, meaning the seventh day following a workweek fell on Saturday. Because Estenson’s administrative offices were closed, and banks were not open on weekends, the company issued paychecks the following Monday.
Estenson argued that this schedule is consistent with the State of California’s...
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