My colleague Jessica Grant was quoted in this article (subscription required) in Monday's Recorder on the split in appellate authority over whether the extra hour of pay mandated by the Labor Code for meal and rest break violations is a "wage" or a "penalty." Three conflicting decisions have come down over the past month (Wage Law has more). I agree with Jessica that a split among the districts increases the likelihood that the Supreme Court will grant review. That's precisely what happened with Prop. 64 retroactivity.