Blawg Reviews
Review and publication denied in Gonzalez v. Western Pacific Roofing Corp.

Update on Restitution for Waiting Time Penalties

Back in May, we were talking about a Orange County Superior Court order holding that waiting time penalties under Labor Code § 203 were recoverable as restitution under Business & Professions Code § 17203. In Ybarra v. Aramark Corp., No. 30-2008-00180008-CU-OE-CXC, the court treated section 203's "wages of the employee [that] shall continue as a penalty" as ordinary wages. Apparently, I was busy recovering from my one of my serial surgeries when the followup was timely, but two months later, the 4th District summarily denied Aramark's writ petition in Aramark Corporation v. Superior Court.

 Petitioner's request for judicial notice is GRANTED. The petition for a writ of mandate is DENIED as petitioner has an adequate remedy at law. (Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266; 1271-1273; Code Civ. Proc., 904.1.) Sills, P.J., Fybel, J., and Ikola, J.

In a funny side note, petitioner's counsel, Thomas M. Peterson, was listed as being with the law firm of Brobeck, Phleger & Harrison, which disintegrated about five years ago.


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