CALIFORNIA CORRECTIONAL PEACE OFFICERS'ASSN. v. State of California

The California Correctional Peace Officers’ Association (CCPOA) contends that the State of California (the State), through California’s Department of Corrections and Rehabilitation (CDCR), has violated various Labor Code provisions, as well as wage orders promulgated by the Industrial Welfare Commission (IWC), by failing to provide correctional officers with meal periods and by failing to pay for the missed wage periods. According to CCPOA, the Legislature intended that the State provide its correctional officers with meal periods as required by Labor Code section 512 and IWC wage order No. 17, and that the State must pay for missed meal periods as required by Labor Code section 226.1. We disagree, and affirm the trial court’s determination that the subject wage and hour statutes do not apply to public employees.

BACKGROUND

CCPOA is the recognized employee organization for State employees in State Bargaining Unit 6 (BU 6). CDCR is the agency charged with administering the State’s prison system.

By an amended complaint filed in July 2008, CCPOA filed a class action against respondents, alleging, among other things, violations of sections 226.7 and 512, and IWC wage…