How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Cal Labor Code 1194.2(b) good faith exception

This answer was rated:

Under CalLaborCode 1194.2(b) the employer seems to have a good faith out on the liquidated damages...are there any cases that illustrate or provide examples of "good faith" behavior with this statute? Feel free to call to discuss.(NNN) NNN-NNNN Thanks


After running a keyword search using WestlawNext searching for "1194.2(b)" and "good faith," I find no reported cases directly impacting on the issue of your concern. Note that this search covers substantially all case law and administrative rulings reported in California.

There are, however, several cases which discuss penalties and good faith in context of the Labor Code, which may be useful, given that 1194.2 is effectively a penalty provision:

Armenta v. Osmose, Inc.(2005) 135 Cal.App.4th 314

Amaral v. Cintas Corp. No. 2(2008) 163 Cal.App.4th 1157

Road Sprinkler Fitters Local Union No. 669 v. G & G Fire Sprinklers, Inc.(2002) 102 Cal.App.4th 765

You can review these cases in full, at:

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

Was the cite on Amaral correct...I was unable to access it on the search. The others came right up. Thanks -Glenn

Interesting. We appear to have found a missing case in the Lexisnexis database. I have the case from two other legal database services, so it does exist. You may want to contact Lexisnexis and ask them to check their database and add the case.

Hope this helps.

Related California Employment Law Questions