Does a good faith belief in a legal defense preclude a finding of wilful failure to pay the wages of an employee who quits?

MultiRegion, United States of America

The following excerpt is from Guilfoyle v. Dollar Tree Stores, Inc., No. 12-cv-00703-GEB-CKD (E.D. Cal. 2014):

California Labor Code section 203 prescribes that when "an employer willfully fails to pay . . . any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty." (emphasis added) "[A] good faith belief in a legal defense will preclude a finding of willfulness" within the meaning of section 203. Arementa v. Osmose, 135 Cal. App. 4th 314, 325 (2005). "The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist." Cal. Code Regs. tit. 8, 13520(a). However, "[d]efenses presented which, under all the circumstances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a 'good faith dispute.'" Id.

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