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MILLS v. SUPERIOR COURT

No. B184760.

38 Cal.Rptr.3d 497 (2006)

Deborah MILLS, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent. Bed, Bath & Beyond Inc., Real Party in Interest.

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

January 27, 2006.

Attorney(s) appearing for the Case

Graves & Associates and Allen W. Graves, Los Angeles, for Petitioner.

Thelen Reid & Priest, Thomas E. Hill and David N. Buffington, Los Angeles, for Real Party In Interest Bed, Bath & Beyond Inc.

No appearance on behalf of Respondent.

OPINION

ARMSTRONG, J.

Labor Code section 226.7 provides,

"(a) No employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission. (b) If an employer fails to provide an employee a meal period or rest period ... the employer shall pay the employee one additional hour of pay at the employee's regular rate...

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