California Court of Appeal
Rodriguez v. E.M.E., Inc., 264138
In a putative class action for for violations of the Labor Code, Industrial Welfare Commission (IWC) Wage Order No. 1-2001, and the unfair competition law (UCL), Bus. & Prof. Code section 17200 et seq.), the trial court's grant of summary judgment in favor of defendant, which relied on Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1026, is reversed in part where summary judgment was incorrectly granted with respect to the claims relating to rest breaks, as Brinker explained that under the applicable wage order provision, rest breaks in an eight-hour shift should fall on either side of the meal break, absent factors rendering such scheduling impracticable.
Appellate Information
- Published 2016/04/22
Judges
- MANELLA
Court
- California Court of Appeal