Wage Law

Today, the 4th District Court of Appeal lifted the stay in Orco Block to allow the parties to seek approval of a settlement in the trial court. The tentative ruling will likely never be published. The order provides:

Pursuant to the parties' joint request filed 5/23/0, this court's 11/19/04 stay of the Superior Court action is lifted for the purpose of obtaining the Superior Court's approval of the class action settlement; writ proceedings in this court are stayed pending further order of the court; parties are directed to serve and file, by 7/8/05, a letter informing this court of the status of the Superior Court's approval of settlement; if Superior Court denies final approval of settlement, parties are directed to inform this court immediately, at which time the stay of this action will be lifted and the matter reset for oral argument; parties are notified that if matter is not resolved in Superior Court by 11/23/05, this court will lift the appellate stay, reimpose the stay on the Superior Court action, and set the matter for oral argument. All amici requests to proceed with oral argument were denied due to a lack of standing.

The best authority on the subject, therefore, remains Judge Selna's decision in the Tomlinson case that meal and rest period pay is a wage, rather than a penalty.