We keep seeing defense motions to strike waiting time penalties from pleadings involving meal period violations. We keep seeing them denied. So far, there is little express authority confirming that the holding in Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094 makes such penalty wages available to a meal period pay claimant.
The DLSE's position is as follows:
The Murphy decision, by implication, allows employees who are owed LC 226.7 pay at time of termination, to recover waiting time penalties pursuant to LC 203 if all final wages are not paid in accordance with LC 201/202. The Court also determined that reporting time pay and split shift premiums are wages, therefore, they would also be subject to LC 203 penalties (and interest).
In each case, the plaintiffs cite Murphy, while the defendants boldly assert and attempt to plausibly maintain that meal period wages are different from ordinary wages, marking a distinction relevant to the right to recover waiting time penalties.