California Supreme Court Watch

Aug 19, 2020
Betancourt v. OS Restaurant Services, LLC, S262866.

#20-225 Betancourt v. OS Restaurant Services, LLC, S262866. (B293625; 49 Cal.App.5th 240; Los Angeles County Superior Court; BC629916.) Petition for review after the Court of Appeal reversed the award of attorney fees in a civil action. The court ordered briefing deferred pending decision in Naranjo v. Spectrum Security Services, Inc., S258966 (#20-02), which presents the following issues: (1) Does a violation of Labor Code section 226.7, which requires payment of premium wages for meal and rest period violations, give rise to claims under Labor Code sections 203 and 226 when the employer does not include the premium wages in the employee’s wage statements but does include the wages earned for meal breaks? (2) What is the applicable prejudgment interest rate for unpaid premium wages owed under Labor Code section 226.7?

Review granted; briefing deferred: 8/19/2020

Transferred to CA 2/8 after hold: 6/29/2022

Review in the above-captioned matter is transferred to the Court of Appeal, Second Appellate District, Division Eight, with directions to vacate its decision and reconsider the cause in light of Naranjo v. Spectrum Security Services, Inc. (2022) 13 Cal.5th 93. (Cal. Rules of Court, rule 8.528(d).)

See the California Court of Appeal Opinion.