Employers Get Lucky: New Case Takes Away Injury Presumption From Employees Based on Inaccurate Wage Statement Claims

On May 8, 2018, the California Court of Appeal published its decision in Maldonado v. Epsilon Plastics, Inc. In this decision, the court found that claims for inaccurate wage statements, based on other wage and hour violations, did not give rise to a presumption of injury.

This is a huge win for California employers. As a company, you may be used to seeing employee claims that resemble a piled-up kitchen sink. The employees jump on one misstep and pile on every claim imaginable as a strategy to increase an extra (often unearned) pay day. Not so fast says the Court of Appeal. In order for injury to be presumed, wage statement claims must be based on an inaccurate representation of what was paid, not an inaccurate amount of what the employee contends was ‘earned.’

Make sure your business has all the tools and information to battle these bullies because the best defense is a strong offense. For more information on how to protect yourself from wage and hour claims, or what to do when you receive a demand from an employee, contact the attorneys at Chauvel & Glatt, LLP.

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