Today the Second Appellate District, Division Eight, giveth and taketh away. In the first of two opinions issued by that Court today, the Court considered, in UPS v. Superior Court (February 16, 2011), whether Labor Code section 226.7 "authorizes one premium payment per work day regardless of the number or type of break periods that were not provided, or two premium payments per work day – one for failure to provide a meal period and another for failure to provide a rest period." Slip op., at 2. The Court concluded that section 226.7 allows up to two premium payments per work day. In reaching that holding, the Court discussed with approval the statutory analysis and review of legislative history undertaken by the one federal court to exmaine the issue. See, Marlo v. United Parcel Service, Inc. (C.D. Cal. May 5, 2009, CV 03-04336 DDP).
I must apologize for the reduced post frequency to start out this year. Between a long overdue vacation, a bit of a lull in appellate decisions of note, and an impending move, I've been a bit short on blogging time. My life is currently compressing into stacks of moving boxes and won't rehydrate until late March. Thank you for your patience and for reading.
The same result was reached after rehearing, in an opinion published on June 2, 2011.