Corder

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO STRIKE

I. INTRODUCTION

California Labor Code section 226.7(a) prohibits an employer from requiring an employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission (“IWC”). If an employer violates this law, California Labor Code section 226.7(b) requires the employer to pay the employee the equivalent of one hour of pay at the employee’s regular rate of compensation. The principal question before the Court is whether this payment constitutes a penalty against the employer or a wage to the employee. The Court concludes that the payment is indeed a penalty.

II. BACKGROUND

Defendant Houston’s Restaurants, Inc. (“Houston’s”) moves to strike certain portions of Plaintiff Jennifer Corder’s second amended complaint (“complaint”) pursuant to Fed.R.Civ.P. 12(f). In her complaint, Ms. Corder brings claims for failure to pay wages, unlawful deductions, conversion, failure to provide meal and rest periods or compensation in lieu thereof, failure to pay wages of terminated or resigned employees, knowing and intentional failure to comply with itemized employee wage…