California Court of Appeal

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Araquistain v. Pacific Gas & Electric Company, A138487

In this employment action in which plaintiff-employees brought suit against defendant Pacific Gas & Electric Company (PG&E) for their failure to provide off-duty meal breaks, summary judgment in favor of defendant is affirmed, where: 1) California Labor Code section 512(e) excepts electrical or gas corporations from the section 512(a) meal requirement if a valid collective bargaining agreement "expressly provides for meal periods for those employees"; and 2) a contract that provides that employees who work eight-hour shifts shall be permitted to eat their meals during work hours and shall not be allowed additional time at Company expense falls within the section 512(e) exception.

Appellate Information

  • Decided 08/27/2014
  • Published 08/27/2014

Judges

  • Rivera

Court

  • California Court of Appeal

Counsel