Wage Law

If you checked the status of Murphy v. Kenneth Cole Productions, in addition to noting that the respondent has requested and received an extension to file its brief, you may have noticed that there is now a fourth related case. The fourth related case is Chalecki v. State Farm Mutual Automobile Insurance Co., a Los Angeles case in which the trial court (Judge Anthony J. Mohr) appears to have ruled that meal and rest period pay is an hour of penalties. The employee filed a writ petition, which received a "postcard denial" from the Second District Court of Appeal on April 4, 2006. Shortly thereafter, the employee filed a petition for review, which was granted on May 24.

Petition for review GRANTED. Further action in this matter is deferred pending consideration and disposition of a related issue in Murphy v. Kenneth Cole Productions Inc., S140308 (see Cal. Rules of Court, rule 28.2(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 29.1, is deferred pending further order of the court. Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.

Although we know this is meaningless, we were pleased to read that the remittitur is expected by September.

The Superior Court case docket looks interesting. There are almost 50 plaintiff in intervention, and there is something called a defense "Motion to Determine Threshold Legal Issue re the Tolling of the Statute of Limitations" pending. Our curiousity is piqued.