Can an employer who fails to provide an itemized and accurate wage statement for an employee recover damages from an injured employee?

MultiRegion, United States of America

The following excerpt is from Foon v. Centene Mgmt. Co., No. 2:19-cv-01420-MCE-AC (E.D. Cal. 2020):

to provide accurate and complete information as required by any one or more of the items" identified in 226(a) "and the employee cannot promptly and easily determine [such information] from the wage statement alone . . . " Finally, Labor Code 226(e) allows recovery if an employee is suffering from injury resulting from "a knowing and intentional failure by an employer" to provide itemized and accurate wage statements. Under 226(e), "a failure to pay wages is only 'willful' where the Defendant has no 'good faith' argument that wages were not owed (i.e., a violation is only willful where the Defendant cannot raise any defense to payment in good faith)." Woods v. Vector Mktg. Corp., No. C-14-0264 EMC, 2015 WL 5188682, at *8 n.8 (N.D. Cal. Sept. 4, 2015).

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