California Labor Code Section 1194.2
Legal Research Home >
California Laws > Labor Code > California Labor Code Section 1194.2
1194.2. (a) In any action under Section 98, 1193.6, or 1194 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.
(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.
Section: 1194.2
Last modified: February 22, 2013
|
