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BEARDEN v. U.S. BORAX, INC.

No. B182625.

41 Cal.Rptr.3d 482 (2006)

138 Cal.App.4th 429

Douglas S. BEARDEN et al., Plaintiffs and Appellants, v. U.S. BORAX, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

April 7, 2006.

Attorney(s) appearing for the Case

Neil M. Herring, Sebastopol and Robert D. Newman for Plaintiffs and Appellants.

Ogletree, Deakins, Nash, Smoak & Stewart, Scott J. Witlin and Dominick C. Capozzola, Los Angeles, for Defendant and Respondent.

EPSTEIN, P.J.

Six mine workers appeal from an order dismissing their complaint based on their employer's failure to allow a second meal break for the 12-hour shifts they were working. A statute requires that two meal breaks be allowed for shifts of that length. But an order of the Industrial Welfare Commission (IWC) exempts employees covered by a collective bargaining agreement. The principal issue before us concerns...

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