Seyfarth Synopsis : The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against liquidated damages for minimum wage violations. Additionally, an employee may raise a paid sick leave (PSL) claim for the first time when an employer appeals a Labor Commissioner decision, even if the claim was not asserted at the initial hearing. Iloff v. Cynthia LaPaille, et al.
The Facts
Laurance Iloff filed a claim against his former employer with California’s Labor Commissioner for a variety of wage claims after his employment was terminated. Iloff had worked on the employer’s properties and in return received free rent, though he received no ot