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    October 2014

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    « Daily Meal and Rest Period Update | Main | O'Connor Out, Alito In »

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    Comments

    Mary

    Nice job summarizing this. A true service to the legal community. Reminds me of the flurry of rulings last year on Prop 64 and Kimberly's outstanding efforts to make them available on her blog. Thanks.

    Tom Kaufman

    Actually, only Judge Sundvold has committed to the "wage" line. Both Judge Colaw and Judge Cannon have asked for further briefing. And Judge Velazquez thought it was a penalty even pre-Murphy. I agree, however, that it is bad public policy to have the determination of whether it is a wage or a penalty depend entirely on the vaguaries of random case assignment.

    Ron Alikani

    Has anyone used a similar example in their argument?

    Employer 1 and employer 2 are competitors

    Employee A works for Employer 1 and gets $10 an hour. He takes one ½ hour lunch break and 2 ten-minute rest breaks during his 8 hour shift. Employer 1 follows the law pays Employee A $80 for his 7 hour and 10 minutes of work.

    Employee B works for Employer 2 and gets $10 an hour. He is not allowed to take one ½ hour lunch break or 2 ten-minute rest breaks during his 8 hour shift. Employer 2 does not follow the law and pays Employee B $80 for 8 hours of work.

    Employer B by violating the law has caused Employee 1 to work an additional 50 minutes without payment. Employer 1 has followed the law and has paid Employee A $80 for 7 hours and ten minutes of work.

    Employee A makes same amount of money as Employee B by working 50 minutes less.

    By compensating Employee B for his extra 50 minutes, we are only giving his wages back which, like overtime regulation, would entitle him to more money than his regular pay since he has worked more hours.

    Your Blog is great. Keep up the great work!

    Have any more of these been reviewed?

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