A California court of appeals has ruled that an employee cannot recover punitive damages for the employer’s violations of state Labor Code provisions governing meal and rest breaks, pay stubs, and minimum wages.1 That’s because those Labor Code provisions include specific remedies, including penalties that are punitive in nature—and those are the only remedies available. The decision strips waitress Christine Brewer of $75,000 in punitive damages, awarded after a jury found her employer, Cottonwood Golf Club restaurant in El Cajon, acted with malice in denying her overtime and breaks.
1 Brewer v. Premier Golf Properties, Calif. Court of Appeals (Dist. 4) No. D050686, 2008
Paying Overtime: 10 Key Exemption Concepts
Only one thing really matters in the determination as to whether or not an employee is exempt: The duties the employee performs. Learn how to avoid costly, preventable mistakes with our free White Paper, Paying Overtime: 10 Key Exemption Concepts.