California Employment Law
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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
Hello,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 314Amaral v. Cintas Corp. No. 2(2008) 163 Cal.App.4th 1157Road Sprinkler Fitters Local Union No. 669 v. G & G Fire Sprinklers, Inc.(2002) 102 Cal.App.4th 765You can review these cases in full, at: http://www.lexisnexis.com/clients/CACourts/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!
Was the cite on Amaral correct...I was unable to access it on the search. The others came right up. Thanks -Glenn