Araquistain v. Pacific Gas & Elec. Co., 2014 WL 4227872 (Cal. Ct. App. 2014)

Plaintiffs Ignacio Araquistain, David Page and Douglas Girouard are non-exempt, unionized employees of PG&E, which is an “electrical corporation” and a “gas corporation” within the meaning of Labor Code § 512(f)(4).  The operative collective bargaining agreement states that “shift employees and other employees whose workday consists of eight consecutive hours shall be permitted to eat their meals during work hours and shall not be allowed additional time therefore [sic] at Company expense.”  In this action, plaintiffs alleged that PG&E is required to provide off-duty meal breaks to its employees, notwithstanding the contrary provision contained in the collective bargaining agreement.  The Court of Appeal affirmed summary judgment in favor of PG&E, holding that a collective bargaining agreement providing that employees shall be permitted to eat their meals during work hours “expressly provides for meal periods for those employees” as required by Labor Code § 512(e)(2).