News & Analysis as of

Non-Exempt Employees Rest and Meal Break Employer Liability Issues

Fisher Phillips

California Court Holds that Prospectively Signed Meal Period Waivers are Enforceable: 4 Steps You Can Take to Maximize Your...

Fisher Phillips on

The California Court of Appeal just handed employers a wage and hour win by ruling that meal period waivers prospectively signed by non-exempt employees are enforceable if certain criteria are met. The April 21 decision in...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Lathrop GPM

Employers with Illinois Employees Should Be Aware of the Amendments to the Illinois One Day Rest in Seven Act

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On January 1, 2023, the amendments to the Illinois One Day Rest in Seven Act (“ODRISA”) took effect, and the changes are significant. Employers with one or more employees in Illinois should take note of these new amendments...more

Weintraub Tobin

California Employment News: Meal and Rest Break Compliance for Non-Exempt Employees

Weintraub Tobin on

In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss best practices for employers to keep non-exempt employees in meal and rest break compliance. ...more

Greenberg Glusker LLP

[Webinar] How To Calculate Meal And Rest Break Premiums: Learn When an Hour’s Pay is More Than an Hour’s Pay - August 25th, 4:00...

Greenberg Glusker LLP on

Join us on Wednesday, August 25, 2021 for "How To Calculate Meal And Rest Break Premiums: Learn When an Hour’s Pay is More Than an Hour’s Pay." This webinar is dedicated specifically to those businesses who employ...more

Perkins Coie

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible...

Perkins Coie on

California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

Weintraub Tobin on

Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

Holland & Knight LLP

California Supreme Court Rejects Rounding of Timekeeping for Tracking Meal Periods

Holland & Knight LLP on

If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more

Littler

Legislative Highlights for Oregon Employers in 2020

Littler on

Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Ballard Spahr LLP

Colorado’s Sweeping New Overtime and Minimum Pay Provisions Take Effect March 16

Ballard Spahr LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado...more

Epstein Becker & Green

Five Quick Tips on Wage and Hour Compliance - Take 5 Newsletter - December 2019

Epstein Becker & Green on

It seems as though there is a minefield that employers must navigate to ensure that they fulfill their wage and hour obligations to their employees. Employers must somehow comply with overlapping and seemingly contradictory...more

Schwabe, Williamson & Wyatt PC

Oregon Upholds Meal-Break Compliance

On Thursday, November 14, 2019, the Oregon Court of Appeals released its decision in Maza v. Waterford Operations, LLC, 300 Or App 471 (2019), that clarified Oregon employers’ obligation to ensure that non-exempt employees...more

Payne & Fears

Key California Employment Law Cases: January 2019

Payne & Fears on

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Jackson Lewis P.C.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

Jackson Lewis P.C. on

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

Troutman Pepper Locke

Paying Employees During Short Rest Breaks

Troutman Pepper Locke on

Q: Do I need to pay non-exempt employees when they go on short rest breaks of 20 minutes or less? A: Yes. The United States Department of Labor (“DOL”) has long taken the position that when employers offer non-exempt...more

Cozen O'Connor

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

Stoel Rives - World of Employment

The Washington Supreme Court Addresses Meal Break Claims

The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is...more

Jackson Lewis P.C.

Separate Compensation for Rest Breaks and Non-Productive Time Required for Non-Exempt Commissioned Employees

Jackson Lewis P.C. on

On February 28, 2017, in Vaquero, et al. v. Stoneledge Furniture LLC, the California Court of Appeal, Second Appellate District ruled that Wage Order 7-2001 (mercantile industry) requires employers to separately compensate...more

Payne & Fears

Commission-Only Employees Entitled to Separately Paid Rest Periods

Payne & Fears on

A California Court of Appeal recently ruled that employers who pay their non-exempt sales employees on commission must separately compensate them for mandatory rest periods. All California employers with commission-based...more

Fisher Phillips

A Break Is A Break: California Supreme Court Rules That Rest Breaks Must Be Duty Free

Fisher Phillips on

Today, the California Supreme Court ruled that employers must provide their workers with duty-free rest breaks or face potentially devastating financial consequences. Most California employers know that state law generally...more

McNees Wallace & Nurick LLC

When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test

Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods during which an employee is...more

Proskauer - California Employment Law

California Appellate Court Affirms Denial Of Class Certification

As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions...more

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