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Focus (Forum & Focus)

Apr. 28, 2007

The Wages of Rest

Focus Column – By Robin J. Samuel and Laura M. Wilson – Employers who fail to heed the state Supreme Court’s new proclamation on rest and meal breaks may face substantial penalties and damages in representative or class actions brought under California’s increasingly pro-employee wage-and-hour laws.


FOCUS COLUMN

By Robin J. Samuel and Laura M. Wilson

      Deciding a hotly contested issue in the California wage-and-hour arena, the state Supreme Court held unanimously last week that the "one additional hour of pay" required under California Labor Code Section 226.7 when an employee fails to take a required meal period or rest break constitutes a wage, rather than a penalty. Murphy v. Kenneth Cole Productions Inc.,

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