Cal. Supreme Court Grants Review in In re. UPS Wage and Hour Cases (McGann)

As predicted, on May 11, 2011, the California Supreme Court granted review in In re. UPS Wage and Hour Cases (Supreme Court Case No. S191908) pending its decision in Kirby v. Immoos Fire Protection. Our original post on UPS is here, and our post on Kirby is here. The Supreme Court framed the Kirby issues as follows:

1. Does Labor Code section 1194 apply to a cause of action alleging meal and rest period violations (Lab. Code 226.7) or may attorney's fees be awarded under Labor Code section 218.5
2. Is our analysis affected by whether the claims for meal and rest periods are brought alone or are accompanied by claims for minimum wage and overtime?