Developments of Interest

New Cases of Interest - November 1, 2010

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10/31/2010

California Correctional Peace Officers Association v. State of California (2010) 188 Cal.App.4th 646.  There’s been a great deal of uncertainty as to whether Labor Code provisions in all cases apply to public employees as well as private employees, and this case squarely responds to that question.  The case arises in an action brought by the California Correctional Peace Officers Association in which it contended that certain provisions of the Labor Code, specifically Sections 226.7 and 512 requiring that employees be provided with meal periods and be paid for missed meal periods, apply to its members and that the State of California through the California Department of Corrections and Rehabilitation had violated statutory requirements.  The court disagreed, and concluded that provisions of the Labor Code generally do not apply to public employers and employees unless a particular provision is specifically made applicable.  The meal period provisions in Labor Code Sections 226.7 and 512 did not contain any reference to public employees and the court therefore concluded that its requirements did not apply to public employers. 

 

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