Bernstein is Not the Big Win Employers Think it is
On February 23, 2021, the Ninth Circuit held in Bernstein v. Virgin America, Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations of the Labor Code until they have been “notified” of the violation. The decision goes on to explain that, in Bernstein, the employer had not been notified …
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