This case presents two issues: first, whether the "one additional hour of pay" provided for in Labor Code section 226.7 constitutes a wage or premium pay subject to a three-year statute of limitations (Code Civ. Proc., § 338) or a penalty subject to a one-year statute of limitations (Code Civ. Proc., § 340); second, whether a trial court, conducting a de novo trial, can consider additional wage...
MURPHY v. KENNETH COLE PRODUCTIONS, INC.
56 Cal.Rptr.3d 880 (2007)
40 Cal.4th 1094
John Paul MURPHY, Plaintiff and Respondent, v. KENNETH COLE PRODUCTIONS, INC., Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
April 16, 2007.
April 16, 2007.
Attorney(s) appearing for the Case
Cooley Godward Kronish, Michelle C. Doolin, Lori R.E. Ploeger, Leo P. Norton and Kelly A. Weber, San Diego, for The Yankee Candle Company, Inc., as Amicus Curiae on behalf of Defendant and Appellant.
Steven B. Katz, Los Angeles, for Circuit City Stores, Inc., and Chevron U.S.A., Inc., as Amici Curiae on behalf of Defendant and Appellant.
Sidley Austin and Jeffrey A. Berman, Los Angeles, for California Association of Health Facilities as Amicus Curiae on behalf of Defendant and Appellant.
Law Offices of Steven Drapkin and Steven Drapkin, Los Angeles, for California Employment Law Council, Chamber of Commerce of the United States of America, California Chamber of Commerce, California Restaurant Association, Alliance of Motion Picture & Television Producers, Airline Industrial Relations Conference
Sheppard Mullin Richter & Hampton, Richard J. Simmons and Geofrey D. De-Boskey, Los Angeles, for Employers Group, California Retailers Association, National Retail Federation and California Hospital Association as Amici Curiae on behalf of Defendant and Appellant.
Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Theodore Franklin, Suzanne M. Murphy, Patricia M. Gates, Anne I. Yen, Alameda, and Jessica Christensen, for Alameda County Central Labor Council, California Conference of Machinists, Contra Costa County Central Labor Council, National California Carpenters Regional Council, SEIU United Healthcare Workers-West, South Bay Central Labor Council, California Labor Federation, AFLCIO, and International Association of Machinists and Aerospace Workers, District Lodge 725, AFL-CIO, as Amici Curiae on behalf of Plaintiff and Respondent.
Cohelan & Khoury, San Diego, and Michael D. Singer, for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Respondent.
California Rural Legal Assistance, Inc., Cynthia L. Rice; Legal Aid Society-Employment Law Center, Matthew Goldberg and Michael Gaitley for Maria Leticia Banda, Asian Law Caucus, Inc., Asian Pacific American Legal Center of Southern California, Bet Tzedek Legal Services, Centro Legal de La Raza, East Bay Community Law Center, Garment Worker Center, Golden Gate Women's Employment Rights Clinic, The Impact Fund, Katharine & George Alexander Community Law Center, Koreatown Immigrant Workers Alliance, La Raza Centro Legal, Legal Aid Foundation of Los Angeles, Neighborhood Legal Services of Los Angeles County, Stanford Community Law Clinic, Sweatshop Watch, Young Workers United and Rocia Zetina as Amici Curiae on behalf of Plaintiff and Respondent.
Neyhart, Anderson, Flynn & Grosboll, John L. Anderson and Scott M. DeNardo, San Francisco, for California Teamsters Public Affairs Council and California Conference Board of the Amalgamated Transit Union as Amici Curiae on behalf of Plaintiff and Respondent.
Roxborough, Pomerance & Nye, Michael B. Adreani, Woodland Hills, and Marina N. Vitek, for Jennifer Augustus as Amicus Curiae on behalf of Plaintiff and Respondent.
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