Legal Opinion

Fowler Packing Company, Inc. v. David Lanier

Court of Appeals for the Ninth Circuit

Decided December 20, 2016No. 16-16236PublishedCited by 32 opinions

1Opinion of the Court

OPINION

GOULD, Circuit Judge:

In response to recent state appellate court decisions that exposed employers to significant and unexpected minimum wage liability, California passed Assembly Bill 1513 (AB 1513). This law created a “safe harbor” that gave employers an affirmative defense against the new claims so long as the employer made back payments under certain conditions. AB 1513 allowed the employers to avoid the costs and statutory penalties that they would otherwise face as a result of underpayment litigation. The legislation, however, also included specific “carve-outs” that were crafted…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  4. Flemming v. NestorSupreme Court of the United States · 1960
  5. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977

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3Cited by32 opinions

  1. Ernest Franceschi, Jr. v. John ChiangCourt of Appeals for the Ninth Circuit · 2018
  2. Jackpot Harvesting Co. v. Superior Court of Monterey Cnty., California Court of Appeal, 5th District2018
  3. Allied Concrete and Supply Co. v. IbtCourt of Appeals for the Ninth Circuit · 2018
  4. Lydia Olson v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 2024
  5. Labor & Workforce Dev. Agency v. Superior Court of Sacramento Cnty., California Court of Appeal, 5th District2018

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