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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Cal Labor Code 1194.2(b) good faith exception

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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.

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Customer: replied 3 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.

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