23-365. Reliance on administrative rule or
regulation
(Caution: 1998 Prop. 105 may apply)
In any action or proceeding commenced on or after January 1, 2007, an employer or
other entity is not liable if the employer or entity fails to pay the minimum wage if the
employer or entity proves that the act or omission was in good faith, conformed with and
relied on an administrative regulation, order, ruling, approval or interpretation,
administrative practice or enforcement policy issued by the commission pursuant to and in
accordance with the commission's authority under this article. This defense, if
established, bars the action or proceeding, notwithstanding that after the act or
omission, the administrative regulation, order, ruling, approval, interpretation,
practice or enforcement policy is modified or rescinded or is determined by judicial
authority to be invalid.
|