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  December 8, 2008
  Source:  WorkInjury.com
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CA/4:   No Punitives for Meal & Rest Violations

In a brand new decision "partially published" by the Fourth District Court of Appeal, it is now official that there are to be NO punitive damage awards in cases involving violations of meal and rest period laws.

This case is especially significant given the sheer numbers of such cases filed or litigated over the past few years (take for example the recent Walmart case in which about $170 million in damages, penalties and punitives were awarded).

In this case, the plaintiff worked at a golf resort and sued for discrimination and other statutory claims, ultimately winning her Labor Code claims for meal and break violations.   The jury had also awarded punitive damages above the amounts due for the meal and break claims.

The Fourth District reversed the punitive damages part of the verdict. It ruled that since the Labor Code statutes involved actually created "new" rights not found under common law, the Labor Code's remedies must likewise be specifically enumerated or not recoverable.

And since the meal and rest period violations arise from contract (the employment contract), tort-like damages for "punitives" are not available.

"The breach of an obligation arising out of an employment contract, even when the obligation is implied in law, permits contractual damages but does not support tort recoveries."

The case is Brewer v. Premier Golf Properties.

To read the full opinion,

PLEASE CLICK HERE.