United Parcel Services, Inc. v. Superior Court

*60 Opinion

INTRODUCTION

Labor Code section 226.7 requires an employer who fails to provide an employee with a meal or rest period to pay that employee one additional hour of pay (or premium payment) “for each work day that the meal or rest period is not provided.” 1 The question before us is whether this statute authorizes one premium payment per workday regardless of the number or type of break periods that were not provided, or two premium payments per workday—one for failure to provide a meal period and another for failure to provide a rest period. We conclude section 226.7 permits up to two premium payments per workday.

FACTUAL AND PROCEDURAL BACKGROUND

United Parcel Service, Inc. (UPS), is the employer defendant in 32 coordinated actions by employees who are seeking compensation for, among other things, UPS’s alleged failure to provide meal and rest periods pursuant to section 226.7. That statute provides: “(a) No employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission. [<][] (b) If an employer fails to provide an employee a meal period or rest period in accordance with an applicable…