Cal-Peculiarities: How California Employment Law is Different 2022 Edition

©2022 Seyfarth Shaw LLP  www.seyfarth.com 2022 Cal-Peculiarities | 401 enclaves such as these may be shielded from many of the laws that afflict the common run of California employers. 21.10 Sometimes a Quit is Just a Quit An employee phoned in her resignation and a few days later confirmed her resignation in an email to her supervisor. When she asked her employer to allow her to rescind her resignation, the employer refused to do. She then sued for discriminatory discharge. The Court of Appeal affirmed summary judgment for the employer, reasoning that refusing to allow an employee to rescind a resignation is not an adverse employment actio n. 30 21.11 Half Hour Deductions for Tardiness? In what can only be called an odd quirk, even for peculiar California, a 1937 Labor Code provision still on the books provides: “No deduction from the wages of an employee on account of his coming late to work shall be made in excess of the proportionate wage which would have been earned during the time actually lost, but for a loss of time less than thirty minutes, a half hour’s wage may be deducted. ” 31 We are unaware of any employer that has defeated liability by relying on this provision.