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Modification: Naranjo v. Spectrum Security Services, Inc.

Ruling by

Kim G. Dunning

Lower Court

Los Angeles County Superior Court

Lower Court Judge

Barbara M. Scheper

Labor 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/4

Cite as

2019 DJDAR 9788

Published

Oct. 14, 2019

Filing Date

Oct. 10, 2019

Opinion Type

Modification

Disposition 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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