Jottings By An Employer's Lawyer

Wednesday, October 08, 2003

Wage and Hour Claim Barred By Small Court Claims Loss

There is plenty more in the opinion, from a close look at joint employment to what it means to have a willful violation for purpose of liquidated damages. On the latter the court reminds that double damages are the norm, not the exception, and this case is not out of the norm. But the most interesting aspect of the case was the denial of one individual's claim because she had raised it as a counterclaim in an earlier small claims court proceeding and lost. Chao v. A-One Medical Services, Inc. (9th Cir. 10/6/03). Under a statute where an employer doesn't get a lot of breaks, it is at least nice to know there are some circumstances where you don't have to win twice.

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