California Court of Appeal

In a wage and hour class action against an entertainment company brought by food and beverage vendors contracted by the company, alleging failure to pay minimum wage and willfully misclassifying plaintiffs as independent contractors in violation of Labor Code section 226.8, plaintiff's petition for writ of mandate denied where: 1) section 226.8 is not limited to employers who make the misclassification decision, but also extends to any employer who is aware that a co-employer has willfully misclassified their joint employees and fails to remedy the misclassification; but 2) section 226.8 cannot be enforced through a direct private action.

Appellate Information

• Decided 06/01/2015
• Published 06/01/2015

Judges

• ZELON

Court

• California Court of Appeal

Counsel