In most California wage and hour employment lawsuits, the entity held accountable by wronged workers is their (sometimes former) employer. Agents of your employer (typically, the owner) are in charge of paying those wages, but generally aren’t deemed responsible if there is a violation of law to do so. In fact, two California Supreme Court decisions in recent years (Reynolds v. Bement and Martinez v. Combs) affirmed this fact. But now, a California appellate court has ruled the lines of liability for unfair wages may not be so black-and-white. It may in fact be possible for supervisors and/or fellow employees deemed responsible to pay both civil penalties and your attorneys’ fees.
The case in question, Atempa v. Pedrazzani, before the California Court of Appeal, Fourth Appellate District, Division One, weighed a case filed under the state’s unique Private Attorney General’s Act (allowing wronged workers to sue for labor violations on behalf of the state and keep 25 percent of the verdict or settlement).
Persons Acting on Behalf of Employer Can Be Liable for California Wage Theft Continue reading