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.