August 24, 2020

Ehlert Hicks Files Amicus Brief in the California Supreme Court on Behalf of the California Employment Lawyers Association

Pending before the California Supreme Court is the case of Naranjo v. Spectrum Security Services, Inc., No. S258966, which poses the question as to whether employees may recover statutory penalties for: (1) an employer’s failure to pay all outstanding meal- and rest-break premium wages upon the employee’s separation from employment (“waiting-time penalties”), as well as (2) the employer’s failure to itemize meal- and rest-break premium pay on employees’ wage statements (“wage-statement penalties”). Ehlert Hicks authored an amicus brief in support of the plaintiff-employee on behalf of the California Employment Lawyers Association (“CELA”). Given the numerous federal courts that have addressed these questions (and the few number of State courts that have), the amicus brief focuses on the reasoning of the federal courts—the vast majority of which have sided with workers in holding that they may indeed recover waiting-time and wage-statement penalties in connection with meal- and rest-break premium payments.