It took a bit of searching to figure out why I received a check for 8. But if you get one here's why:
This is a wage and hour PAGA action arising from Defendant's failure to pay wages in a timely manner at the end of each pay period. Labor Code § 204( d) requires employees to be paid out by the seventh (ih) day following the closing of the pay period if employees are paid on a weekly or bi-weekly basis. Defendant, who paid its employees on a bi-weekly basis, had a consistent policy of paying the wages of its employees on the eighth (8t11) day or later following the close of the respective pay period, and thus, beyond the time periods as allowed pursum1t to Labor Code § 204. This PAGA action is being sought on behalf of Defendant's other aggrieved employees.
In addition to the PAGA action, Plaintiff also asserts individual claims for wrongful termination in violation of public policy. Specifically, Plaintiff engaged in protected activity by removing alcohol from the workplace (due to fear for her personal safety and the safety of co-workers), and to prevent sexual harassment. However, by exercising such rights, Plaintiff was terminated from her employment.
Defendant's Position
Plaintiff was employed by Defendant from approximately January 27, 2015 to April 12, 2016 as a Program Manager. In late March 2016, a Google employee reported that several personal items had gone missing. Google's asset investigations team confirmed through video evidence that Plaintiff had taken the reported items. During its investigation, Plaintiff provided inconsistent accounts of her actions, which Google deemed to lack credibility. As a result, Google terminated Plaintiffs employment for violation of company policy and the dishonest conduct she exhibited.
Google denies that its payroll schedule was inconsistent with section 204 of the Labor Code. Moreover, Plaintiff cannot show that she or any of the members of the group she seeks to represent were aggrieved. An award of civil penalties under PAGA would result in an award that is unjust, arbitrary, and oppressive