Opinion
S275848
10-26-2022
SEVIOUR-ILOFF v. LAPAILLE
The Labor Commissioner's request for judicial notice, filed on August 26, 2022, is granted.
The petition for review is granted.
The issues to be briefed and argued are limited to the following:
1. Must an employer demonstrate that it affirmatively took steps to ascertain whether its pay practices comply with the Labor Code and Industrial Welfare Commission Wage Orders to establish a good faith defense to liquidated damages under Labor Code section 1194.2, subdivision (b) ?
2. May a wage claimant prosecute a paid sick leave claim under section 248.5, subdivision (b) of the Healthy Workplaces, Healthy Families Act of 2014 ( Lab. Code, § 245 et seq. ) in a de novo wage claim trial conducted pursuant to Labor Code section 98.2 ?
The requests for an order directing depublication of the opinion are denied.
Pending review, the opinion of the Court of Appeal, which is currently published at 80 Cal.App.5th 427, 295 Cal.Rptr.3d 762 (2022), may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)
Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Kruger, Groban, Jenkins and Guerrero, JJ.