|
P0966 An action under Labor Code section 226.7, which requires an employer to pay an employee the equivalent of one hour's pay if the employer fails to provide a meal or rest period, is an action for an obligation created by statute other than a penalty, subject to a 3-year statute of limitations; since employees earn the additional hour of pay when denied a break, payments under the statute are restitutionary and recoverable under the Unfair Competition Law.CitationNASSCO v SUPERIOR COURT (Meal Break) 135 CA4 1072 [See: LabC 226.7; CCP 338, 340; B&PC 17203; Dep't / Ind Rel v UI Video 55 CA4 1084; County v Ballerino 99 C 593]
|
|
