Atempa

Labor Code section 558, 1 subdivision (a) provides that an employer "or other person acting on behalf of an employer" who violates or causes a violation of the state's applicable overtime laws shall be subject to a civil penalty. Similarly, section 1197.1, subdivision (a) provides that an employer "or other person acting either individually or as an officer, agent, or employee of another person" who pays or causes to pay an employee less than the state's applicable minimum wage shall be subject to a civil penalty. Following a trial, the superior court issued civil penalties against an individual defendant-namely, the corporate employer's owner, president, secretary, and director-as the "other person" who caused violations of these two statutes.

There is no issue on appeal as to the requirements for, or the showing made in support of, the finding that Pedrazzani qualified as a person other than the corporate employer who either violated the overtime pay and minimum wage laws or caused the statutory violations. Rather, on appeal the principal issue is whether, as a matter of substantive law, any individual *468 other than the corporate employer can ever be found liable for the…