calwages.com

Labor Code Section 512 Does Not Apply to Public Employees

In Meal and Rest Breaks on August 23, 2010 at 6:29 am
WI: Ron Keenan, AFSCME 104, DC 24, worksite le...
Image by aflcio via Flickr

The First District Court of Appeal held that Labor Code section 512 and IWC Wage Order No. 17 do not apply to public employees.  California Correctional Peace Officer’s Association, et al. v. State of California, No. A125679, 2010 WL 3248794 (Cal. Ct. App. 1st Dist. Aug. 18, 2010).  The California Correctional Peace Officers’ Association (CCPOA) filed a class action, contending that the State of California violated various Labor Code provisions, as well as wage orders promulgated by the Industrial Welfare Commission (IWC), by failing to provide correctional officers with meal periods and by failing to pay for the missed wage periods. CCPOA argued that the Legislature intended that the State provide its correctional officers with meal periods as required by Labor Code section 512 and IWC Wage Order No. 17, and that the State must pay for missed meal periods as required by Labor Code section 226.7.  The court rejected this argument, holding that “the subject wage and hour statutes do not apply to public employees.”  Id. *1.

Judges and Attorneys

David William Burnett represented Plaintiffs and Appellants.

Thomas Michael Dyer, Christopher Evan Thomas, and David William Tyra represented Defendants and Respondents.

Justice Ignazio (“Nace”) John Ruvolo wrote the opinion for the court.  Justice TImonthy A. Reardon and Justice Patricia K. Sepulveda concurred.

By CHARLES H. JUNG

Enhanced by Zemanta
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: