§ 23-365 — Reliance on administrative rule or regulation

(Added with a 1998 Prop. 105 clause pursuant to L07, Ch. 272)

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the administrative regulation, order, ruling, approval, interpretation, practice or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid.