California Court of Appeal

In an action by plaintiff alleging he had not been paid overtime and provided with meal breaks, trial court judgment sustaining defendant's demurrer is affirmed where: 1) Labor Code sec. 510 and 512 do not expressly apply to public entities and thus are not applicable to defendant; 2) Wage Order No. 17 applying to miscellaneous employees is inapplicable; and 3) defendant is exempt from the requirements of Labor Code sec. 201, 202 and 203 because it qualifies as a "municipal corporation"

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Palay Law Firm, Daniel J. Palay, Ventura, and Jenna H. Strauss, for Plaintiff and Appellant.


• For Appellees:
  
• Atkinson, Andelson, Loya, Ruud & Romo, Nate J. Kowalski, Kevin R. Dale, Fresno, and Jennifer D. Cantrell;  Young Wooldridge, Ernest A. Conant and Jerry W. Pearson, Bakersfield, for Defendant and Respondent., Renne Sloan Holtzman Sakai, Emily Prescott, San Francisco, and Danielle DuCaine, for Association of California Water Agencies as Amicus Curiae on behalf of Defendant and Respondent., Richard L. Hamilton, for Education Legal Alliance of the California School Boards Association as Amicus Curiae on behalf of Defendant and Respondent.