In UPS v. Superior Court (Los Angeles), the California Court of Appeal held that Labor Code section 226.7 permits up to two premium payments per work day.  There, UPS was sued by numerous employees who were seeking compensation for UPS’s alleged failure to provide meal breaks and rest periods pursuant to section 226.7.  Section 226.7 provides, in part, that if an employer fails to provide an employee a meal period or rest period, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.  UPS argued that only 1 hour of premium payment is allowed per work day, regardless of the number or type of breaks that were not provided.  The employees disagreed.  The Appellate Court agreed with the employees. The Court of Appeal held that section 226.7 permits up to two premium payments per work day – one for failure to provide a meal period and another for failure to provide a rest period.

While UPS will no doubt appeal to the California Supreme Court, for now, this is a great victory for employees.

For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website.