Lopez v. Friant & Assoc.

Plaintiff Eduardo Lopez filed this action seeking recovery of civil penalties under the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.) for his employer’s failure to include required information on itemized wage statements.  The trial court granted summary judgment in the employer’s favor on the basis that the uncontroverted evidence showed the employer’s omission was not knowing or intentional within the meaning of section 226, subdivision (e)(1) (section 226(e)(1)).  Because plaintiff’s claim for civil penalties is governed by section 2699 and not section 226(e)(1), we reverse the judgment.

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