California Court of Appeal

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Nat. Steel & Shipbuilding Co. v. Superior Court of San Diego County, D046692

A payment under Labor Code section 226.7 for an employer's failure to provide a required meal or rest period is an obligation created by statute, other than a penalty, subject to a three-year statute of limitations period. Further, such a remedy will support a claim for restitution under Business and Professions Code section 17203.

Appellate Information

  • Decided 01/20/2006
  • Published 01/20/2006


  • McINTYRE, J.


  • California Court of Appeal


  • For Appellant:
  • O'Melveny & Myers, Gordon E. Krischer, Los Angeles, Larry A. Walraven and Brian A. Selvan, Newport Beach, for Petitioner., Steven Drapkin, Los Angeles, for Employers Group, California Employment Law Council, California Restaurant Association, Alliance of Motion Picture & Television Producers, Airline Labor Relations Conference and California Lodging Industry Association as Amici Curiae on behalf of Petitioner., Robert Jones for Division of Labor Standards Enforcement, Department of Industrial Relations, and California State Labor Commissioner as Amici Curiae on behalf of Petitioner., Tosdal, Smith, Steiner & Wax, Thomas Tosdal and Fern M. Steiner, San Diego, for Real Parties in Interest., Neyhart, Anderson, Flynn & Grosboll, John L. Anderson and Scott M. DeNardo, San Francisco, for California Teamster Public Affairs Council and California Conference Board of the Amalgamated Transit Union as Amici Curiae on behalf of Real Parties in Interest., Weinberg, Roger & Rosenfeld, David A. Rosenfeld, M. Suzanne Murphy and Anne I. Yen, Oakland, for International Association of Machinists and Aerospace Workers;  District Lodge 947, AFL-CIO;  and International Brotherhood of Electrical Workers, Local 569, AFL-CIO, as Amici Curiae on behalf of Real Parties in Interest., Cohelan & Khoury and Michael D. Singer for California Employment Lawyers Association as Amicus Curiae on behalf of Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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