wage statement violation (California) · Go Syfert
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wage statement violation in California

5 California opinions name it 2 courts 2018–2025 3 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Cabardo v. Patacsilgreen
caed · 2017 · cited in 2 California opinions naming this issue, 2018–2019
2 sentences

2019Numerous other courts considering the issue have rejected a good faith defense to Labor Code section 226, because it “ ‘stands contrary to the often repeated legal maxim: “ignorance of the law will not excuse any person, either civilly or criminally.” ’ ” (Cabardo, supra, 248 F.Supp.3d at p. 1010 [collecting cases]; see Kao v. Holiday (2017) 12 Cal.App.5th 947 , 961–962 [employer’s good faith belief that employee is exempt amounts to mistake of law that is not excused under Lab.

2018Numerous other courts considering the issue have rejected a good faith defense to Labor Code section 226, because it " 'stands contrary to the often repeated legal maxim: "ignorance of the law will not excuse any person, either civilly or criminally." ' " ( Cabardo , supra , 248 F.Supp.3d at p. 1010 [collecting cases]; see Kao v. Holiday (2017) 12 Cal.App.5th 947 , 961-962, 219 Cal.Rptr.3d 580 [employer's good faith belief that employee is exempt amounts to mistake of law that is not excused under Lab.

22
Ming-Hsiang Kao v. Joy Holidaygreen
calctapp5d · 2017 · cited in 2 California opinions naming this issue, 2018–2019
2 sentences

2019Numerous other courts considering the issue have rejected a good faith defense to Labor Code section 226, because it “ ‘stands contrary to the often repeated legal maxim: “ignorance of the law will not excuse any person, either civilly or criminally.” ’ ” (Cabardo, supra, 248 F.Supp.3d at p. 1010 [collecting cases]; see Kao v. Holiday (2017) 12 Cal.App.5th 947 , 961–962 [employer’s good faith belief that employee is exempt amounts to mistake of law that is not excused under Lab.

2018Numerous other courts considering the issue have rejected a good faith defense to Labor Code section 226, because it " 'stands contrary to the often repeated legal maxim: "ignorance of the law will not excuse any person, either civilly or criminally." ' " ( Cabardo , supra , 248 F.Supp.3d at p. 1010 [collecting cases]; see Kao v. Holiday (2017) 12 Cal.App.5th 947 , 961-962, 219 Cal.Rptr.3d 580 [employer's good faith belief that employee is exempt amounts to mistake of law that is not excused under Lab.

22
Stoetzl v. Dept. of Human Resourcesgreen
cal · 2019 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Section 1(B) of Wage Order No. 4 states: “Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district.” (Italics added; see Stoetzl v. Department of Human Resources, supra, at p. 726 [“Thus, only sections 1, 2, 4, 10, and 20 of Wage Order No. 4 govern state employment.”]; see also Stone v. Alameda Health System (2024) 16 Cal.5th 1040 , 1057 [identical carve-out language in Wage Order No. 5 “expressly excludes public employers

11
Lubin v. Wackenhut Corp.green
calctapp · 2016 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023As for Safeway’s liability on the wage statement claim, the question is whether Safeway failed to provide accurate and complete information as required by section 226, subdivision (a) and the drivers could not promptly and easily determine from the wage statement alone any of the 28 enumerated items (e.g., piece-rate units earned). (§ 226, subd. (e)(2)(B)(i); see id., subd. (e)(2)(C) [“ ‘promptly and easily determine’ to mean ‘a reasonable person would be able to readily ascertain the information without reference to other documents or information’ ”]; Raines, supra, 23 Cal.App.5th at p. 676 ,

11
Kinda v. Carpentergreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(See Kinda, supra, 247 Cal.App.4th at p. 1285 [“The rule is that a trial court may not grant a defendant’s motion for nonsuit if plaintiff’s evidence would support a jury verdict in plaintiff’s favor”].) Because the trial court did not provide any reasons for granting Safeway’s Motion in Limine No. 2, we will address each of the grounds raised by Safeway in support of its motion.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Boyd v. Bank of America Corp. green
cacd · 2015
2 sentences

2019Although the federal court in Boyd held that an employer’s wage statement violation is not knowing and intentional if the employer “had a good faith belief that the [employees] were properly classified as exempt [and therefore § 226 inapplicable]” (Boyd, supra, 109 F.Supp.3d at p. 1308 ), this case appears to be in the minority.

2018Although the federal court in Boyd held that an employer's wage statement violation is not knowing and intentional if the employer "had a good faith belief that the [employees] were properly classified as exempt [and therefore § 226 inapplicable]" ( Boyd , supra , 109 F.Supp.3d at p. 1308 ), this case appears to be in the minority.

22018–2019
Sheppard v. North Orange County Regional Occupational Program green
calctapp · 2010
1 sentence

2025(Cf. Sheppard v. North Orange County Regional Occupational Program (2010) 191 Cal.App.4th 289 , 300- 301 [public employee’s minimum wages claim under Wage Order No. 4 could proceed because applicable provision, section 4, among those excepted under section 1(B) of the wage order].) It was therefore error to enter judgment in Goleco’s favor on his wage statement claim.

12025–2025
Raines v. Coastal Pac. Food Distribs., Inc. green
calctapp5d · 2018
2 sentences

2023As for Safeway’s liability on the wage statement claim, the question is whether Safeway failed to provide accurate and complete information as required by section 226, subdivision (a) and the drivers could not promptly and easily determine from the wage statement alone any of the 28 enumerated items (e.g., piece-rate units earned). (§ 226, subd. (e)(2)(B)(i); see id., subd. (e)(2)(C) [“ ‘promptly and easily determine’ to mean ‘a reasonable person would be able to readily ascertain the information without reference to other documents or information’ ”]; Raines, supra, 23 Cal.App.5th at p. 676 ,

2023As for Safeway’s liability on the wage statement claim, the question is whether Safeway failed to provide accurate and complete information as required by section 226, subdivision (a) and the drivers could not promptly and easily determine from the wage statement alone any of the 28 enumerated items (e.g., piece-rate units earned). (§ 226, subd. (e)(2)(B)(i); see id., subd. (e)(2)(C) [“ ‘promptly and easily determine’ to mean ‘a reasonable person would be able to readily ascertain the information without reference to other documents or information’ ”]; Raines, supra, 23 Cal.App.5th at p. 676 ,

12023–2023
Morgan v. United Retail Inc. green
calctapp · 2010
2 sentences

2021(Morgan, supra, 186 Cal.App.4th at p. 1146 .) “The purpose of the wage statement requirement is to provide transparency as to the calculation of wages.” (Morgan, supra, 186 Cal.App.4th at p. 1149 , citing DLSE Opn.

2021(Morgan, supra, 186 Cal.App.4th at p. 1146 .) “The purpose of the wage statement requirement is to provide transparency as to the calculation of wages.” (Morgan, supra, 186 Cal.App.4th at p. 1149 , citing DLSE Opn.

12021–2021

Statutes the citing opinions construe

CA § Cal. Labor Code § 226 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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