Adecco Faces Class Action Lawsuit for Failing to Pay Final Wages to Workers

Global staffing giant Adecco is facing a class-action lawsuit that alleges violations of California labor laws, including withholding pay from workers. The lawsuit, filed in San Francisco Superior Court, accuses the company of failing to provide timely payment of final wages to its employees upon termination or resignation.

Lead plaintiff Elisa Recoder, a former driverless support specialist at Adecco, filed the complaint after she was fired in August 2023. Despite no longer working at the company, Recoder contends she has yet to receive her final earned wages.

According to the lawsuit, the staffing company systematically acted with “deliberate indifference” regarding the rights of its workers. Adecco has an alleged pattern and practice of withholding final wages from terminated or resigning employees in violation of the California Labor Code.

The class action lawsuit seeks to represent former workers in California who have been similarly affected by Adecco’s alleged wage violations dating back to November 9, 2020. By pursuing collective legal action, the plaintiffs aim to hold the employer accountable for withholding outstanding wages and secure compensation for affected workers.

In California, the regulations regarding the timely payment of earned wages differ based on the circumstances surrounding the termination of employment. Upon termination, employees are entitled to receive all earned but unpaid wages immediately on the day of termination. 

For employees who resign, employers must pay them their owed wages within 72 hours of providing notice to quit. In cases of temporary or short-term assignments, wages are due upon completion of employment obligations. Additionally, any commissions, performance bonuses, accrued vacation time or deferred compensation should be paid as soon as the amounts are calculated.

Failure to comply with these wage payment requirements may result in penalties outlined in California Labor Code § 203. This section mandates that employers who do not make timely payments to employees are liable for a waiting time penalty equivalent to one day’s wages for each day the payment is delayed, up to a maximum of 30 days. This penalty accrues based on the employee’s average daily wage, irrespective of their usual workdays.

The burden of proof lies with the employee to show that the employer was aware of the owed wages and did not pay them on time. Notably, a worker can pursue waiting time penalties for unpaid wages even if the employer provides all other wages that were owed. The accrual of penalties stops upon the employer’s payment of outstanding wages or if the worker files a complaint in court.

Employers may attempt to justify delayed payments through various excuses. For example, they may cite good faith disputes over wage amounts due or challenges in calculating certain wages. However, only a few narrow defenses are acceptable. Any penalties received by the employee are considered separate from earned wages.

If you have experienced wage and hour violations, discuss your situation with a knowledgeable San Francisco employment lawyer. While we are not involved with the Adecco lawsuit, McCormack Law Firm has experience helping workers resolve all types of wage disputes. California wage and hour laws can be difficult to navigate, which is why having an attorney by your side is invaluable. 

We handle cases that involve minimum wage violations, worker misclassification, unpaid overtime, and commissions, missed meal or rest breaks, miscalculated business expenses, tipping violations, off-the-clock work and more. If an employer refuses to pay you your owed wages, you have the right to file a lawsuit to pursue compensation and hold them to account.

McCormack Law Firm can help you determine whether you were misclassified as exempt or are owed other wages. Our employment attorneys are dedicated to providing skilled, tailored legal representation to clients. Contact us today for a free initial consultation to discuss your next steps.