News & Analysis as of

Appeals Wage and Hour California

Jackson Lewis P.C.

California Court of Appeal Clarifies Sick Leave Calculation for Outside Sales Employees

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A recent California Court of Appeal decision provides clarity for employers with commissioned outside sales employees. In Hirdman v. Charter Communications, the court confirmed that employers may calculate paid sick leave for...more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

CDF Labor Law LLP

Allison v. Dignity Health Provides Roadmap For Employers To Defeat Class Action Claims

CDF Labor Law LLP on

The First District Court of Appeal’s recently published decision, Allison v. Dignity Health, is a win for employers holding that broad reliance on time-clock data and expert surveys is insufficient to sustain class-wide...more

Ervin Cohen & Jessup LLP

California Court of Appeal Decision in Rose v. Hobby Lobby: No Recovery of Costs Against Nonparticipating State Agency

On May 14, 2025, the California Court of Appeal issued a decision in Rose v. Hobby Lobby Stores, Inc., addressing whether the California Labor and Workforce Development Agency (LWDA) can be held liable for an employer’s...more

Hanson Bridgett

California Employers Can Use Prospective Meal Break Waivers for Short Shifts

Hanson Bridgett on

In a significant win for employers, the California Court of Appeal recently affirmed that prospective, revocable meal period waivers for shifts between five and six hours are lawful under both the Labor Code and applicable...more

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

Seyfarth Shaw LLP on

The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

Amundsen Davis LLC

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

Amundsen Davis LLC on

On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:...more

Weintraub Tobin

Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly

Weintraub Tobin on

California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512...more

Epstein Becker & Green

California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable

In a surprisingly employer-friendly decision, the California Court of Appeal recently held that voluntary, prospective written meal waivers for shorter shifts, i.e., those that are more than five but no more than six hours in...more

ArentFox Schiff

A PAGA Plaintiff Must Allege a Timely Individual Claim

ArentFox Schiff on

A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable...more

Stradling Yocca Carlson & Rauth

Employers Catch a Break: California Court of Appeal Approves Prospective Meal Period Waivers

On April 21, 2025, the California Court of Appeal issued an opinion validating written, prospective meal period waivers for non-exempt employees. The decision in La Kimba Bradsbery v. Vicar Operating, Inc. provides employers...more

ArentFox Schiff

Prospective Written Meal Period Waivers Survive, California Court Affirms Enforceability

ArentFox Schiff on

The California Court of Appeal recently issued a significant decision affirming that employers and employees may mutually agree, in writing, to prospectively waive the employee’s meal period for shifts between five and six...more

Stoel Rives - World of Employment

California Court of Appeal Confirms the Legality of Prospective Meal Period Waivers

In Bradsbery v. Vicar Operating, Inc., a California Court of Appeal answered a question that many California employers may not have known even needed to be answered—whether California employees can prospectively waive their...more

Davis Wright Tremaine LLP

An Important Win for Employers in California: Meal Period Waivers

For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

CDF Labor Law LLP

Cal. Court of Appeal Affirms Validity of Prospective Meal Break Waivers

CDF Labor Law LLP on

On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced. The case, La Kimba Bradsbery et al. v. Vicar Operating,...more

Clark Hill PLC

In win for employers, the California Court of Appeal ruled prospective meal break waivers can be permissible

Clark Hill PLC on

What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive...more

Seyfarth Shaw LLP

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

Seyfarth Shaw LLP on

The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the...more

Payne & Fears

Prospective Written Meal Period Waivers Can Be Enforced in California Says the California Court of Appeal

Payne & Fears on

Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more

Fox Rothschild LLP

California Court Rules in Favor of Prospective Meal Period Waivers for Employers

Fox Rothschild LLP on

In a significant ruling for employers, the California Court of Appeal has validated the use of “prospective” meal period waivers, allowing workers to voluntarily waive their meal breaks in advance, under certain conditions....more

Proskauer - California Employment Law

March 2025 California Employment Law Notes

We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

CDF Labor Law LLP

Employer Not Required to Initiate Arbitration Following Court-Ordered Arbitration

CDF Labor Law LLP on

The California Court of Appeal, Second Appellate District recently issued a clarifying decision in Michelle Arzate, et al. v. ACE American Insurance Company, addressing which party is responsible for initiating arbitration...more

Seyfarth Shaw LLP

Plaintiffs Are Responsible for Commencing Court-Ordered Arbitration

Seyfarth Shaw LLP on

The California Court of Appeal held that after the employer-defendant successfully moved to compel arbitration of the plaintiffs’ employment-related claims, the employer-defendant did not waive its right to arbitration by...more

Proskauer - California Employment Law

Does an Arbitration Agreement Require the Employer’s Signature?  Read the Fine Print

The California Court of Appeal recently reminded employers in an unpublished (but nonetheless chastening) opinion of the importance of carefully drafting arbitration agreements. In Pich v. LaserAway, LLC et al, the court...more

CDF Labor Law LLP

Court Approves Attorney’s Fees for Employees Who Successfully Appealed Labor Commissioner’s Denial of Unpaid Wages Claim

CDF Labor Law LLP on

In Villalva v. Bombardier Mass Transit Corp., employees Mark Villalva and Bobby Jason Yelverton initially filed a claim for unpaid wages relating to on-call pay with the Labor Commissioner’s office, who denied their claim and...more

Sheppard Mullin Richter & Hampton LLP

PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former...more

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