California Appellate Tracker

Gunther v. Alaska Airlines, Nos. D076762, D077313, 2021 Cal. App. LEXIS 1008 (Ct. App. Dec. 1, 2021)

December 13, 2021

Lab. Code 226.3 provides for heightened civil penalties in connection with an employer’s violation of wage statement requirements of Lab. Code 226. Disagreeing with Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal.App.5th 667, this decision holds that by its plain language, section 226.3 allows for assessment of those heightened civil penalties only when the employer fails to provide the employee a wage deduction statement or fails to keep the records required by Lab. Code 226(a). Here, defendant provided wage statements, though they didn’t comply in various respects with Lab. Code 226, and it kept employment records required by Lab. Code 26(a). So the heightened penalties could not be assessed against it. Instead, the default civil penalties provided in Lab. Code 2699(f)(2) applied.

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California Appellate Tracker

Gunther v. Alaska Airlines, Nos. D076762, D077313, 2021 Cal. App. LEXIS 1008 (Ct. App. Dec. 1, 2021)

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