Ruling by
Kim G. DunningLower Court
Los Angeles County Superior CourtLower Court Judge
Barbara M. ScheperLabor Code Section 226.7 actions for premium wage as statutory remedy does not entitle employees to pursue derivative penalties under Sections 203 and 226.
Court
California Courts of Appeal 2DCA/4Cite as
2019 DJDAR 9788Published
Oct. 14, 2019Filing Date
Oct. 10, 2019Opinion Type
ModificationDisposition Type
Affirmed (in part)GUSTAVO NARANJO et al.,
Plaintiffs and Appellants,
v.
SPECTRUM SECURITY SERVICES, INC.,
Defendant and Appellant.
No. B256232
(Los Angeles County
Super. Ct. No. BC372146)
California Courts of Appeal
Second Appellate District
Division Four
Filed October 10, 2019
THE COURT:
The opinion filed in the above-entitled matter on September 26, 2019, is ordered MODIFIED as follows:
On page 42, the first three sentences of the second paragraph of Part IV.A are deleted and replaced with the following:
At all times relevant to this action, Spectrum's written policies did not authorize off-duty rest breaks. Pre-Memorandum 33, Spectrum's SOP and SOPP advised, "This job does not allow for breaks other than using the hallway bathrooms for a few minutes." Memorandum 33 stated, "rest periods are provided 'On-Duty.'"
This modification does not change the judgment.
The petition for rehearing is DENIED.
WILLHITE, Acting P. J.
CURREY, J.
DUNNING, J.*
* Retired judge of the Orange Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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