Hill v. Walmart - filed April 26, 2022

A good faith mistake about a worker’s employment status is a defense to the imposition of waiting-time penalties pursuant to Labor Code §203. The test for employment from Dynamex Operations West v. Superior Court applies only to cases governed by California Industrial Welfare Commission wage orders; the applicable test for determining whether a worker was entitled to penalties under §203 is the common law test derived from Borello & Sons, Inc. v. Department of Industrial Relations. Visit us for more information: http://www.beverlyhillsemploymentlaw.com/