California Supreme Court Watch

#23-255 Krug v. Board of Trustees of California State University, S282131. (B320588; 94 Cal.App.5th 1158; Los Angeles County Superior Court; 21STCV14538.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Stone v. Alameda Health System, S279137 (#23-94), which presents the following issues: (1) Are all public entities exempt from the obligations in the Labor Code regarding meal and rest breaks, overtime, and payroll records, or only those public entities that satisfy the “hallmarks of sovereignty” standard adopted by the Court of Appeal in this case? (2) Does the exemption from the prompt payment statutes in Labor Code section 220, subdivision (b), for “employees directly employed by any county, incorporated city, or town or other municipal corporation” include all public entities that exercise governmental functions? (3) Do the civil penalties available under the Private Attorneys General Act of 2004, codified at Labor Code section 2698 et seq., apply to public entities?

Petition for review granted; briefing deferred: 12/13/2023

Transferred to CA 2/1 after hold: 10/23/2024

“The above-captioned matter is transferred to the Court of Appeal, Second Appellate District, Division One, with directions to vacate its decision and to reconsider the case in light of the decision in Stone v. Alameda Health System (2024) 16 Cal.5th 1040. (Cal. Rules of Court, rule 8.528(d).) As explained in Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21, and California Rules of Court, rule 8.1115(e)(3), corresponding comment, par. 3, the opinion is hereby rendered either ‘depublished’ or ‘not citable.'”

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.

See the Court of Appeal Opinion.