· 4/30/2012
Kirby v. Immoos Fire Protection, Inc.
Citations
- 53 Cal. 4th 1244
- 274 P.3d 1160
- 140 Cal. Rptr. 3d 173
- 2012 WL 1470313
- 2012 Cal. LEXIS 3981
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the attorneys’ fees shifting provisions in California Labor Code §§ 218.5 and 1194 do not apply to legal work relating to meal and rest period claims
- distinguishing between the “gravamen” of a California claim — which is a “violation” of an “obligation” — and its “remedy” — such as a monetary award
- reaffirming that “the remedy for a violation of the statutory obligation to provide IWC-mandated meal and rest periods is one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided”
- cited with approval in Naranjo v. 17 Spectrum Sec. Servs., Inc., 13 Cal. 5th 93, 110–11 (2022)
Source: CourtListener parenthetical corpus (CC0).
Judges: Liu
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.