Kirby v. Immoos: Supreme Court to Issue Decision Monday

The California Supreme Court just announced that it will publish its decision in Kirby v. Immoos Fire Proection on Monday.  Kirby raises the  the following issues:

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?

The decision is early. The 90-day deadline was not set to expire until June 4.  This is interesting, considering that the Court had to give itself an extension of time to publish the Brinker decision.