California Court of Appeal

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Murphy v. Kenneth Cole Prods., A107219, A108346

Judgment and award of damages pursuant to an employee's complaint to the Labor Commissioner against his employer is reversed where payments assessed for meal break, rest break and pay stub violations are penalties and those violations may not be raised for the first time on appeal.

Appellate Information

  • Decided 12/02/2005
  • Published 12/02/2005




  • California Court of Appeal


  • For Appellees:
  • Seyfarth Shaw LLP, Robert W. Tollen, San Francisco, George E. Preonas, Los Angeles, for Defendant and Appellant Kenneth Cole Productions, Inc., Law Offices of Steven Drapkin, Steven Drapkin, Los Angeles, for the California Employment Law Council, the California Chamber of Commerce, the California Restaurant Association, the Airline Industrial Relations Conference and the California Lodging Industry Association, as Amici Curiae on behalf of Defendant and Appellant., Hastings College of Law Civil Justice Clinic, Donna M. Ryu, Miye A. Goishi, for Plaintiff and Respondent, John Paul Murphy., Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Oakland, Suzanne M. Murphy, Patricia Gates, Los Angeles, Anne I. Yen, Oakland, Jessica Christensen, for the California Labor Federation, AFL-CIO, International Association of Machinists and Aerospace Workers, District Lodge 725, AFL-CIO, as Amici Curiae on behalf of Plaintiff and Respondent, John Paul Murphy., Cohelan & Khoury, Michael D. Singer, the California Employment Lawyers Association, as Amicus Curiae on behalf of Plaintiff and Respondent, John Paul Murphy., Cynthia L. Rice, Santa Rosa, California Rural Legal Assistance, Inc. as Amicus Curiae for Rocio Zetina, and Michael Gaitley, Legal Aid Society-The Employment Law Center, as Amici Curiae for the Asian Law Caucus, Inc., the Asian Pacific American Legal Center of Southern California, Golden Gate Women's Employment Rights Clinic, La Raza Centro Legal, the Stanford Community Law Clinic, Katharine & George Alexander Community Law Center, on behalf of Plaintiff and Respondent, John Paul Murphy.
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