Disastrous wage and hour decision. California Supreme Court makes it a dark day for employers. Murphy v. Kenneth Cole Productions, Inc. (decided April 16, 2007)
By Jim Butler, Hotel Lawyer | Author of www.HotelLawBlog.com
By Jim Butler, Chairman, JMBM’s Global Hospitality Group
Hotel Lawyer with landmark labor and employment decision from the California Supreme Court on wage and hour issues. Wage and hour claims are serious matters for employers, because they typically involve class actions with lots of current (and former employees), and the claims can cover a long period of time. They are also particularly bad for the hospitality industry because so many employees are nominally "exempt" employees--managers or assistant managers--by their titles, but not under California legal standards. (See prior postings on
A dark day for employers: California Supreme Court ruling on wage and hour issues will cost employers millions
In a much awaited decision, the California Supreme Court unanimously ruled against employers finding that the "additional hour of pay" that employees may be awarded for missing meal breaks and rest breaks under the California Labor Code is subject to a three year, rather than one year, statute of limitations. The Murphy v. Kenneth Cole Productions, Inc. decision (No. S 140308) could, in effect, triple an employer's liability in meal and rest break litigation.
John Paul Murphy, a former store manager, filed a wage and hour claim against his employer Kenneth Cole Productions, a retail clothier alleging that he was denied meal and rest periods from June 2000 to June 2002. Under Section 226.7(b), an employer shall be required to pay "one additional hour of pay" for each day that an employee, such as Murphy, was forced to work through a meal or rest period.
The key issue at the trial court and Court of Appeal level was whether Murphy's claim was subject to a one year or a three year statute of limitations. That determination hinged on whether or not, the award under Section 226.7(b) was properly considered a penalty or a "wage." If a penalty, then under Cal. Code. Civ. Proc. Section 340(a), a one year statute of limitation would apply. If a wage, then under Cal. Code Civ. Proc. Section 338, a three year statue of limitations applies.
Murphy's case was not the only one where Section 226.7's interpretation was at issue. The California appellate court was split on the issue, with the majority of districts holding it was a penalty and a minority holding it is a wage.
The Murphy decision now settles that a Section 226.7(b) is a wage and, therefore, subject to a three year statute of limitations. The Supreme Court's ruling was based on statutory interpretation and an extensive review of administrative and legislative history.
Far reaching and serious impact.
The impact of Murphy is far-reaching. Overnight, the value of wage and hour class actions and individual claims has potentially tripled. Not only has the extended statute of limitations significantly expanded potentially liability for employers, the finding that a Section 226.7 award is a wage also permits waiting time penalties, attorneys' fee and interest to be recovered for meal and rest period claims. The filing of wage and hour class actions is expected to significantly increase. In the wake of Murphy, California employers are advised to contact their labor counsel to review their policies to ensure compliance with the meal and rest break requirements of the California Labor Code. As Murphy has shown, the failure to meet these requirements will now prove three times as costly.
JMBM's labor and employment attorneys recommend that all hospitality employers promptly conduct in-house audits to ensure compliance with wage and hour laws, particularly the appropriate classification of employees. These audits should be conducted with the assistance of knowledgeable counsel to preserve confidentiality (and the attorney-client privilege).
The Labor & Employment Department of Jeffer, Mangels, Butler & Marmaro LLP has built a solid reputation over the years by defending employers in all aspects of labor and employment law, including wage and hour class actions. We also assist our clients in taking a proactive approach to ensure compliance with rapidly changing state and federal laws.
Please feel free to direct any questions to the Labor & Employment Department:
Louise Ann Fernandez
(310) 201-3522 Marta M. Fernandez
Our Perspective. We represent developers, owners and lenders. We have helped our clients as business and legal advisors on more than $40 billion of hotel transactions, involving more than 1,000 properties all over the world. For more information, please contact Jim Butler at firstname.lastname@example.org or 310.201.3526.
Jim Butler is one of the top hotel lawyers in the world. GOOGLE "hotel lawyer" or "hotel mixed-use" or "condo hotel lawyer" and you will see why.
Jim devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads JMBM's Global Hospitality Group® – a team of 50 seasoned professionals with more than $40 billion of hotel transactional experience, involving more than 1,000 properties located around the globe. In the last 5 years alone, Jim and his team have assisted clients with more than 90 hotel mixed-use projects, all of which have involved at least some residential, and many have also involved significant spa, restaurant, retail, office, sports, and entertainment components – frequently integrated with energizing lifestyle elements.
Jim and his team are more than "just" great hotel lawyers. They are also hospitality consultants and business advisors. They are deal makers. They can help find the right operator or capital provider. They know who to call and how to reach them. They are a major gateway of hotel finance, facilitating the flow of capital with their legal skill, hospitality industry knowledge and ability to find the right "fit" for all parts of the capital stack. Because they are part of the very fabric of the hotel industry, they are able to help clients identify key business goals, assemble the right team, strategize the approach to optimize value and then get the deal done.
Jim is frequently quoted as an expert on hotel issues by national and industry publications such as The New York Times, The Wall Street Journal, Los Angeles Times, Forbes, BusinessWeek, and Hotel Business. A frequent author and speaker, Jim's books, articles and many expert panel presentations cover topics reflecting his practice, including hotel and hotel-mixed use investment and development, negotiating, re-negotiating or terminating hotel management agreements, acquisition and sale of hospitality properties, hotel finance, complex joint venture and entity structure matters, workouts, as well as many operating and strategic issues.
Jim Butler is a Founding Partner of Jeffer, Mangels, Butler & Marmaro LLP and he is Chairman of the firm's Global Hospitality Group®. If you would like to discuss any hospitality or condo hotel matters, Jim would like to hear from you. Contact him at email@example.com or 310.201.3526. For his views on current industry issues, visit .