New Developments in Employment Law   See Steve's Blog for updated information about the Brinker case and other new legal developments concerning wage and hour law and beyond that have either gone into effect during 2008 or will go into effect beginning January 1, 2009.  Meal and rest break violations have been a fertile area for lawsuits in recent years.  We have represented dozens of other employees and employers in individual and class action cases involving meal and rest break violations. Murphy vs. Kenneth Cole Productions   What does this case mean? The good news for employees is that a missed meal or rest break is now legally a wage and not a penalty. This ruling is significant. For every meal and rest break denied, an employee can receive one hour of pay up to the statutory period of 3 years. Add in a claim for violation of Business and Professions Code Section 17200 et seq.,and you can add a fourth year to your claim. Prior to this ruling, the Labor Commissioner and the courts considered a missed meal and rest break a penalty for which an employee could receive one hour of pay, but the statutory claim period was for one year, instead of 3 or 4. While this will no doubt empower employees seeking unpaid compensation, it send a message to all California employers: pay what is owed or the penalties will be stiff. Call the Law Office of Steven Kesten: 415-457-2668   See Steve's Blog for information on the Brinker case and the full text of an important new memorandum prepared by the California Labor Commissioner.  Since we posted the Labor Commissioner's memo in 2008, the law on meal and rest break violations is uncertain as we await the California Supreme Court's ruling in the Brinker case.