Diaz

Diaz v. Grill Concepts Servs., Inc.

Good Law
23 Cal. App. 5th 859·233 Cal. Rptr. 3d 524
Court of Appeal of CaliforniaMay 24, 2018B280846California6,041 words

Opinion

lead Opinion

Hoffstadt, J.

*863 An employer that does not pay its employees the wage required by law when they quit or are fired is liable for both the underpayment of wages and , if the failure to pay is "willful," a "waiting time" penalty of up to 30 days' wages. ( Lab. Code, §§ 203, subd. (a), 1194, subd. (a).) This appeal presents two questions regarding these "waiting time" penalties: (1) Is an employer's failure to pay "willful" when *528 the employer (a) suspects the required wage has gone up but continues paying the old wage after halfheartedly investigating its suspicions, and (b) later makes an unreasonable argument that the wage law is unconstitutionally vague; and (2) Does a trial court have the discretion, on equitable grounds, to relieve an employer from having to pay waiting time penalties? We conclude that the answer to the first question is "yes," and the answer to the second question is "no." Accordingly, we affirm the trial court's order finding the employer liable for waiting time penalties in this case. *864 FACTS AND PROCEDURAL BACKGROUND

I. Facts

In April 2010, defendants Grill Concepts Services, Inc. and Grill Concepts, Inc. (collectively, Grill Concepts) opened a Daily Grill…

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