(a)In any action under Section 98, 1193.6, 1194, or 1197.1 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of the commission or by statute, an employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. Nothing in this subdivision shall be construed to authorize the recovery of liquidated damages for failure to pay overtime compensation. A suit may be filed for liquidated damages at any time before the expiration of the statute of limitations on an action for wages from which the liquidated damages arise.
(b)Notwithstanding subdivision (a), if
the employer demonstrates to the satisfaction of the court or the Labor Commissioner that the act or omission giving rise to the action was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of any provision of the Labor Code relating to minimum wage, or an order of the commission, the court or the Labor Commissioner may, as a matter of discretion, refuse to award liquidated damages or award any amount of liquidated damages not exceeding the amount specified in subdivision (a).
(c)This section applies only to civil actions commenced on or after January 1, 1992.
Notes of Decisions
Andrade v. Arby's Restaurant Grp., Inc., 225 F. Supp. 3d 1115 (N.D. Cal. 2016).
· cites it 4× “Claim 7: Andrade Is Owed Limited Liquidated Damages Under Cal. Labor Code § 1194.2 and the FLSA. California Labor Code § 1194.”
Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996).
· cites it 4× “” Further, under CaLLabor Code § 1194.2, in any action to recover unpaid minimum wages (not overtime compensation), an employee “shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid,” unless the employer demonstrates to the court that…”
Charles Ridgeway v. Wal-Mart Stores, Inc., 946 F.3d 1066 (9th Cir. 2020).
· cites it 2× “Cal. Lab. Code § 1194.2 . Thus, the question is whether Wal-Mart can show good faith and a reasonable belief in the legality of its conduct.”
Sillah v. Command Int'l Sec. Servises, 154 F. Supp. 3d 891 (N.D. Cal. 2015).
· cites it 7× “Labor Code §§ 510 , 1194, 1197, 1771, and 1774; (3) liquidated damages for failure to pay at least minimum wage for all hours worked in violation of Cal. Labor Code § 1194.2 ; (4) failure to provide rest breaks in violation of Cal.”
Martinez v. Combs, 231 P.3d 259 (Cal. 2010).
“, § 17203) and liquidated damages (Lab. Code, § 1194.2). Plaintiffs did not seek class certification.”
Johnson v. Am. Online, Inc., 280 F. Supp. 2d 1018 (N.D. Cal. 2003).
· cites it 3× “The Court allowed the parties to submit post-hearing briefs related to the application of Cal. Labor Code § 1194.2 to the present dispute.”
Ridgeway v. Wal-Mart Stores Inc., 269 F. Supp. 3d 975 (N.D. Cal. 2017).
“The Court denied plaintiffs’ motion for liquidated damages and for civil penalties under California Labor Code sections 1194.2 and 1197.”
Labor Comm'r v. Ramirez (In re Ramirez), 556 B.R. 446 (Bankr. N.D. Cal. 2016).
“The Labor Commissioner also determined that Juarez was not compensated for 132 overtime hours from June 1, 2013 to August 20, 2013, at a rate of $22.50 per hour, for a total of $2,970.”
Evers v. La-Z-Boy Inc. (S.D. Cal. 2022).
· cites it 2× “Liquidated Damages 2 Defendants also provide calculations for the amount in controversy for Plaintiff’s 3 claim for liquidated damages “in an amount equal to the wages unlawfully paid” pursuant 4 to California Labor Code § 1194.2. NOR ¶ 37.”
Ramirez v. Cornerstone Bldg. Brands, Inc. (E.D. Cal. 2024).
· cites it 2× “Pursuant to California Labor Code section 1194.2, Plaintiffs and the other 5 class members are entitled to recover liquidated damages in an amount equal to the wages unlawfully 6 unpaid and interest thereon.”
— Cal. Labor Code § 1194.2(a) — 3 cases
Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996).
“” Further, under CaLLabor Code § 1194.2, in any action to recover unpaid minimum wages (not overtime compensation), an employee “shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid,” unless the employer demonstrates to the court that…”
Labor Comm'r v. Ramirez (In re Ramirez), 556 B.R. 446 (Bankr. N.D. Cal. 2016).
“The Labor Commissioner also determined that Juarez was not compensated for 132 overtime hours from June 1, 2013 to August 20, 2013, at a rate of $22.50 per hour, for a total of $2,970.”
— Cal. Labor Code § 1194.2(b) — 1 case
Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996).
“” Further, under CaLLabor Code § 1194.2, in any action to recover unpaid minimum wages (not overtime compensation), an employee “shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid,” unless the employer demonstrates to the court that…”
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