318 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com 605 Bernstein v. Virgin Am., Inc., 3 F.4th 1127 (9th Cir. 2021). 606 Id. at 1133. 607 Id. 608 Id. at 1145. 609 Id. at 1133. 610 Gulf Offshore Logistics, LLC v. Superior Ct. (Norris), 45 Cal. App. 5th 285 (2020). The California Supreme Court granted review and transferred the case to the Court of Appeal for reconsideration following the Ward and Oman decisions, but the initial holdings were upheld, albeit in an unpublished decision. Gulf Offshore Logistics, LLC v. Superior Ct., 272 Cal. Rptr. 3d 356 (2020), review denied (Mar. 24, 2021). 611 Oracle, 51 Cal. 4th at 1207-08. 612 Id. 613 Lab. Code § 558(a). 614 See Lab. Code § 226.7. 615 Lab. Code § 2699(f). 616 “The maximum hours of work and the standard conditions of labor fixed by the commission shall be the maximum hours of work and the standard conditions of labor for employees. The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful.” Lab. Code § 1198. 617 Lab. Code § 210(a). 618 Lab. Code § 225.5(a), (b). 619 Under Labor Code section 98(a), the Labor Commissioner can hold a hearing to determine civil penalties due under section 558 against any employer or other person acting on behalf of an employer, including an individual liable under section 558.1. 620 Lab. Code § 1197.1(a)(1) and (2). 621 Lab. Code § 2699(e) and (f). Employers have a limited right to cure certain wage-statement violations before an aggrieved employee may sue under PAGA. Specifically, an employer can cure wage-statement violations as to providing either the inclusive dates of the pay period or the name and address of the legal entity that is the employer. An employer can take advantage of this provision only once for the same violation of the statute during each 12-month period. 622 Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334, 355 (2021) (holding that heightened penalties for an employer’s violation of wage statement statute, rather than default civil penalties under PAGA, apply only where the employer fails to provide wage statements or keep required records; the “choice is not … between a penalty under section 226.3 and no penalty for an inadequate wage statement. Instead, the question is which penalty provision applies—the default penalty in section 2699, subdivision (f) or the heightened penalty under section 226.3”). 623 E.g., Lab. Code §§ 1199, 1199.5 (violations of Lab. Code §§ 1171-1205); Lab. Code § 1197.2 (misdemeanor for employer who willfully fails to pay and has the ability to pay a final court judgment or Labor Commissioner order for all wages due to an employee who, within 90 days of the date that the judgment was entered or the order became final, has quit or been discharged): Lab. Code § 226.6 (misdemeanor fine or imprisonment—in addition to any other penalty provided by law—for employer that knowingly and intentionally violates the provisions of section 226 or aids in violating any provision of section 226). 624 E.g., Lab. Code § 1199(c); Lab. Code § 1175 (violation of Lab. Code § 1174).
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