California Court of Appeal
The case, on appeal from a $200 million verdict (that includes a $115 million punitive damage award), concerns the California statute that mandates that an employer shall compensate an employee for an additional hour's worth of pay if the employee fails to take a half-hour break for every five hours of labor. In dispute is whether the statute provides a punitive damages remedy and whether employers must ensure that breaks are actually taken.
Status: DECIDED. NFIB amicus brief filed 7/17/08. Wal-Mart settled the California wage and hour class action.