A guard for a San Diego-based security services firm was fired after leaving his post for a meal break

An employer who unlawfully makes an employee work during all or part of a meal or rest period should provide the employee with premium pay, or an additional hour of pay, under California’s Labor Code.

In Naranjo et al. v. Spectrum Security Services, Inc., the defendant was a San Diego-based company that offered secure custodial services to federal agencies and guarded and transported prisoners and detainees. It had a policy requiring custodial employees to remain on duty during all their meal breaks.

The plaintiff, employed as a guard, left his post to take a meal break. He was suspended and later fired, which prompted him to file a putative class action on behalf of the company’s employees. He claimed that the company did the following:

• violated state meal break requirements under the Labor Code and under the applicable Industrial Welfare Commission wage order;
• failed to report the premium pay on employees’ wage statements under section 226 of the Labor Code;
• failed to timely provide the pay to discharged or resigning employees under sections 201, 202, and 203 of the Labor Code.

The plaintiff sought damages, penalties, and prejudgment interest. He asked for an additional hour of pay for each day on which the company failed to give the employees a meal break complying with the law.

The trial court initially granted summary judgment in the company’s favor. When the Court...

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