Labor/Employment
Mar. 2, 2023
Plain meaning of 'willful' gives employers new defense
We think this was a very significant finding that will change the landscape in this area of labor law for California employers,” said Robert D. Eassa, who represented Spectrum in the case decided by a unanimous 2nd District Court of Appeal panel. “Whereas before the employer did not have the defense of a good faith resolution, they now have it.”
Employers now have a new defense in employee lawsuits, the attorney for Spectrum Security Services said, after an appellate panel this week said a plaintiff is no longer entitled to penalties because the company presented good faith defenses for failing to pay overtime to workers.
“It’s always been strongly felt that the words ‘willful’ and ‘knowing’ and ‘intentional’ should be given their plain meaning, and for whatever reason historicall...
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