KMTG's Meal Period Appellate Victory is a Win for All California Public Employers

Sacramento | September 20, 2010

The First District Court of Appeal upheld KMTG’s trial court victory, ruling in favor of our client, the State of California and the California Department of Corrections and Rehabilitation, holding that the state’s Labor Code provisions and Wage Orders regarding mandatory meal periods do not apply to public employees.

In this case, the California Correctional Peace Officers’ Association ("CCPOA") sought back pay and penalties for missed meal periods under Labor Code sections 512 and 226.7 and IWC Wage Order 17. The court disagreed with CCPOA's contention. The Court of Appeal accepted the State’s argument that absent express language making the Labor Code sections at issue applicable to public employers, those code sections apply only to the private sector. The court found the same principles were true as applied to the Wage Orders, noting that historically, public employees have been exempt from the Wage Orders.

If you have any questions about this case, or other labor and employment issues, please contact KMTG Labor and Employment attorneys Laura Izon Powell, David W. Tyra or Bruce A. Scheidt | 916.321.4500

To view a copy of the Opinion, please click on the PDF in the right column under "Related Resources."

Additionally, please view our Legal Alert for a more detailed analysis of this case.