This decision affirms a summary judgment for Walmart on a model’s claim for waiting time penalties for Walmart’s failure to pay her all earned wages after each one- or two-day photo shoot.  Although triable issues of fact remained as to whether plaintiff was an employee to whom Labor Code 203 applied, Walmart had established its defense of a good faith belief that plaintiff was not an employee, but rather an independent contractor, to whom no wages were due.  The test for employee status under Labor Code 203 is that set in G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, not the more recent ABC test adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, which applies only to IWC wage orders, not Labor Code sections (at least as of 2016-2017 when plaintiff worked for Wallmart).  Applying the Borello factors against the backdrop of employment law as it existed in 2016-2017, a reasonable jury could not find that Walmart lacked a good faith belief that plaintiff was an independent contractor.  Good faith belief that no wages are owed is a defense to waiting time penalties.