News & Analysis as of

Non-Exempt Employees Wage and Hour Rest and Meal Break

Davidoff Hutcher & Citron LLP

Meal and Rest Break Requirements for New York Restaurants: What Owners Need to Know

In the hustle of running a restaurant, it’s easy for meal breaks to slip through the cracks. However, New York law has specific requirements for giving your employees time to eat and rest. Ensuring your staff takes legally...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

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

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

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

Farella Braun + Martel LLP

Navigating Recent Changes to California Wage and Hour Laws

The recent changes to California’s wage and hour laws have significant implications for employers operating within the state. While the reforms are aimed at providing clearer guidelines for employers, there are still complex...more

ArentFox Schiff

Huerta v. CSI Electrical Contractors: California Supreme Court Again Clarifies What Counts as Paid Work Time

ArentFox Schiff on

In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...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

Fox Rothschild LLP

No Overtime on Overtime – a Qualified Win for Employers

Fox Rothschild LLP on

Employers got a rare win in a regular rate case earlier this month. In Lemm v. Ecolab, Inc., the Second District cemented California’s adoption of the percentage of total earnings bonus exemption to the regular rate for...more

Lathrop GPM

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

Lathrop GPM on

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

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...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

Seyfarth Shaw LLP

Amendments To Illinois’ One Day Rest in Seven Act Mitigates Against Hunger Pangs and Rest Deprivation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent and Important Amendments to Illinois’ One Day Rest in Seven Act...more

Husch Blackwell LLP

Employers with Out-of-State Employees: Method for Assessing Differences in Wage & Hour Obligations

Husch Blackwell LLP on

In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing...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

Jackson Lewis P.C.

Class Action Trends Report Spring 2021

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Jackson Lewis P.C.

Wage And Hour Class Actions In Real Estate Industry: Traps For The Unwary

Jackson Lewis P.C. on

Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate...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

Fox Rothschild LLP

City Of Los Angeles Imposes “Hero Pay” Requirement – Risks And Ramifications

Fox Rothschild LLP on

Starting Monday, grocery stores, drug stores and big box retailers in the City of Los Angeles will be required to pay “Premium Hazard Pay” – an additional $5.00 per hour — to non-exempt employees. The ordinance mandating the...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

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says Travel Time During Partial Telework Days Is Not Compensable

According to U.S. Department of Labor regulations issued under the Fair Labor Standards Act, if a non-exempt employee reports to work in the morning and then travels during the working day to another worksite, that travel...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #2

Seyfarth Shaw LLP on

In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more

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