Bearden v. U.S. Borax, Inc.

Opinion

EPSTEIN, P. J.

Six mine workers appeal from an order dismissing their complaint based on their employer’s failure to allow a second meal break for the 12-hour shifts they were working. A statute requires that two meal breaks be allowed for shifts of that length. But an order of the Industrial Welfare Commission (IWC) exempts employees covered by a collective bargaining agreement. The principal issue before us concerns the validity of that order. We find that the exemption contravenes the statute and is invalid.

We also reject the employer’s argument that the collective bargaining…