News : California Supreme Court To Classify Missed Meals Payments

CALIFORNIA SUPREME COURT TO CLASSIFY MISSED MEALS PAYMENTS


In 2006, the California Supreme Court agreed to decide an issue of great importance to California employers by granting review in the case Murphy v. Kenneth Cole Productions, Inc.

The case involved a misclassified store manager that included a claim for meal and rest period payments pursuant to Labor Code §226.7. At the Court of Appeal stage, it was held that the payment of missed meal periods was a wage rather than a penalty so that a three-year rather than a four-year statute of limitations applied.

Since Murphy, the California Supreme Court has granted review in several other cases that have struggled with the wage/penalty issue.

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Related Attorney(s):
David S. Binder

Related Practice Area(s):
Employment and Labor Law