News & Analysis as of

Labor Law Violations Rest and Meal Break Employment Litigation

CDF Labor Law LLP

[Webinar] Wage & Hour Minefield: Top Compliance Risks and Litigation Trends for 2025 - February 26th, 10:00 am - 11:00 am PT

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Wage and hour claims—especially under California’s Private Attorneys General Act (PAGA) and class action lawsuits—continue to rise at an alarming rate. With more PAGA notices filed than ever before and wage and hour class...more

Perkins Coie

New Washington Ruling Endorses 30-Minute Penalty for Meal Period Violations

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In Androckitis v. Virginia Mason Medical Center, the Washington State Court of Appeals recently held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period;...more

CDF Labor Law LLP

Supreme Court Holds that Public Entities Are Not Subject to PAGA and Various Labor Code Violations

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On August 15, 2024, the California Supreme Court issued a momentous unanimous decision in Stone v. Alameda Health System (“Stone”), concluding that public employers are exempt from various Labor Code provisions and PAGA...more

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

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On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Seyfarth Shaw LLP

Washington Healthcare Company Ordered to Pay Workers Almost $100M for Missed Meal Breaks, Unpaid Time

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Last week, a Washington healthcare company was ordered to pay 33,000 workers $98.3 million in damages in a class action related to its meal break and timeclock rounding practices. The vast majority of the awarded damages...more

Morgan Lewis

California Supreme Court: Trial Courts Lack Authority to Strike or Dismiss PAGA Claims on Manageability Grounds

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In Estrada v. Royalty Carpet Mills Inc., a unanimous decision by the California Supreme Court resolves a split between California courts of appeal by ruling that a trial court does not have inherent authority to strike PAGA...more

Littler

California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

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On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The...more

Haight Brown & Bonesteel LLP

Employer’s Inconsistent Application of Written Rest Break Policies Will Not Create Predominance of Individual Inquiries in Class...

On June 17, 2022, the California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Meza v. Pacific Bell Telephone Company (B317119, June 17, 2022) __ Cal.App.5th ___. In this...more

Jones Day

California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now...

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The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more

Polsinelli

California Employers Must Know: Meal/Rest Premiums Are ‘Wages’

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California reaffirms its reputation as the most employee-friendly state and raises potential liability for employers. On May 23, 2022, the California Supreme Court issued the long-awaited decision in Naranjo v. Spectrum...more

CDF Labor Law LLP

Meal Premiums Now Considered A “Wage” By California Supreme Court In Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more

Stoel Rives - World of Employment

California Supreme Court Extends Employees’ Rights to Waiting-Time Penalties and Other Damages

On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time...more

Littler

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest...

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In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more

Stoel Rives - World of Employment

California Court of Appeal Removes Another Arrow from The Quiver of Employers

On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal for the Fourth District created a split in authority when they held that wage-and-hour lawsuits brought under California’s Private...more

Proskauer - California Employment Law

Volunteers May Work For Nonprofits Without Compensation

The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

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While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Proskauer - California Employment Law

California Employment Law Notes - September 2021

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

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On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Stinson LLP

California Supreme Court Expands "Regular Rate of Compensation" for Missed Breaks

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If you have employees in California, it is time to review how you pay them for missed meal and rest breaks. The California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC, will change the way many companies...more

Jones Day

California Supreme Court Concludes "Regular Rate of Pay" Applies When Calculating Meal and Rest Period Penalties

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The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more

CDF Labor Law LLP

CA Supreme Court Interprets Break Premium Pay Requirement To Give Employees Higher Pay

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In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

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In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

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