California Codes
Cal. Labor Code § 218 (2026)
✓ current as of May 2026
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Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due them under this article.
Notes of Decisions
Cited in 23
cases (9 in the last 5 years), 2000–2025 · leading case: Smith v. Rae-Venter Law Grp., 58 P.3d 367 (Cal. 2002).
Smith v. Rae-Venter Law Grp., 58 P.3d 367 (Cal. 2002). “"If an employer fails to pay wages in the amount, time, or manner required by contract or by statute, the employee has two principal options. The employee may seek judicial relief by filing an ordinary civil action against the employer for breach of contract and/or for the wages…”
Zavala v. Scott Bros. Dairy, Inc., 2006 Cal. Daily Op. Serv. 9246 (Cal. Ct. App. 2006). “(Lab. Code, § 218; see also, Lab. Code, §§ 217 & 218.”
Sarviss v. Gen. Dynamics Info. Tech., Inc., 663 F. Supp. 2d 883 (C.D. Cal. 2009). “His First Claim for Relief alleges that GDIT improperly classified Plaintiff as “exempt” and, as a result, failed to pay overtime in violation of California Labor Code §§ 218 & 1194(a) and Industrial Welfare Commission (“IWC”) Wage Order No.”
Medrano v. D'Arrigo Bros. Co. of California, 125 F. Supp. 2d 1163 (N.D. Cal. 2000). “6 Accordingly, the threshold issue is whether Section 1832(a) incorporates state law, including substantive provisions of state wage and hour laws.”
Wren v. RGIS Inventory Specialists, 256 F.R.D. 180 (N.D. Cal. 2009). “7, 512 and 516 (Claim Two) • Failure to pay wages: Cal. Lab.Code § 218 (Claim Three) • Late payment of wages: Cal.”
People v. Superior Court, 224 Cal. App. 4th 33 (Cal. Ct. App. 2014). “) Indeed, in the area of employee rights specifically, Labor Code section 218 provides an excellent example of this practice, by expressly stating, “Nothing in this article shall limit the authority of the district attorney of any county or prosecuting attorney of any city to…”
Castillo v. Long Beach Mem'l Med. Ctr., 132 F. Supp. 3d 1194 (C.D. Cal. 2015). “ges seven state law causes of action: 1) violation of California Business & Professions Code § 17200 for failure to pay proper wages and overtime compensation, violation of meal, period provisions, failure to pay all wages due to illegal rounding, failure to permit and authorize…”
Gutierrez v. RWD Tech., Inc., 279 F. Supp. 2d 1223 (E.D. Cal. 2003). “See Cal. Lab.Code § 218 ("Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due him under the article.”
Valenzuela v. Giumarra Vineyards Corp., 614 F. Supp. 2d 1089 (E.D. Cal. 2009). “Cal. Labor Code § 218 states, “Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due him under this article.”
Flores v. Dart Container Corp. (E.D. Cal. 2020). “” Cal. Labor Code § 218 (emphasis added). Section 218 19 falls under Article 1, which spans Sections 200 through 243.”
Mayron v. Google LLC (Cal. Ct. App. 2020). “may bring an action to enjoin and restrain any violation of this chapter and, in addition thereto, for the recovery of damages”]; Bus.”
Silver v. Cast & Crew Prod. etc. CA2/2 (Cal. Ct. App. 2021). “Code, § 1712), (7) failure to pay wages (Lab. Code, § 218) and waiting time penalties (Lab.”
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