Kirby v. Immoos Fire Protection, Inc., 53 Cal. 4th 1244 (2012) said that actions for failure to provide meal periods and rest breaks are not actions for non-payment of wages under Labor Code § 218.5. In Betancourt v. OS Restaurant Services, LLC (May 21, 2020), the Court of Appeal (Second Appellate District, Division Eight) says the same thing. There is a bit of discussion about what “predicate” violation was alleged (the plaintiff arguing that it was faulty record-keeping), but the Court was not persuaded to deviate from a growing list of decisions considering how to treat premium pay “penalties” and derivative claims under sections 203 and 226.