What is the legal test for an employer who fails to pay wages to an employee?

California, United States of America

The following excerpt is from Supershuttle Int'l, Inc. v. Labor & Workforce Dev. Agency, 253 Cal.Rptr.3d 666, 40 Cal.App.5th 1058 (Cal. App. 2019):

³ In California if an employer fails to pay wages in the amount, time or manner required by contract or statute, the employee may seek administrative relief by filing a wage claim with the Labor Commissioner. Those claims are adjudicated at "Berman" hearings, so named after the sponsor of the legislation creating the procedure. (Cuadra v. Millan (1998) 17 Cal.4th 855, 858, 72 Cal.Rptr.2d 687, 952 P.2d 704.)

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What is the legal test for an employer who fails to pay wages to an employee?

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