News & Analysis as of

Rest and Meal Break Corporate Counsel

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

Fox Rothschild LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Fisher Phillips

Good Faith Goes a Long Way to Defeat Wage Statement Claims: 4 Tips for Employers After California Supreme Court Win

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Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more

Paul Hastings LLP

California Supreme Court Clarifies Whether Employers Must Pay for Certain Pre-Shift Activities

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In Huerta v. CSI Electrical Contractors, No. S275431 (March 25, 2024), the California Supreme Court issued an important decision relating to whether California employers must pay non-exempt employees for certain pre-shift...more

Littler

DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks

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On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

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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

Jackson Lewis P.C.

California Supreme Court Cases Employers Should be Watching in 2023

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2022 brought several significant decisions from the California Supreme Court, from decisions about meal and rest period penalties to burden shifting for whistleblower retaliation claims. ...more

Faegre Drinker Biddle & Reath LLP

Reforms to Puerto Rican Labor Law Reinstate Employee-Friendly Measures

On June 20, 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (“the Act”). The Act rolls back certain changes brought about by the Labor Transformation and Flexibility Act (“LTFA”). The LTFA was enacted in 2017 in...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Seyfarth Shaw LLP

Employment Bills to Watch as New York’s Legislative Session Closes

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Seyfarth Synopsis: At the close of the New York State legislative session on June 2, 2022, the Senate and Assembly passed a variety of employment-related bills that are now waiting to be delivered to Governor Kathy Hochul. ...more

Jackson Lewis P.C.

Amendments to Puerto Rico 2017 Employment Law Reform Employers Need to Know

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Puerto Rico Governor Pedro Pierluisi has signed into law changes reversing portions of the 2017 employment reform law. House Bill 1244 (HB 1244) rolls back and changes the statutory probationary period, vacation and sick...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements

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Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting...more

Fisher Phillips

California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers

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The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California High Court Rules Missed Meal Break Premiums Are ‘Wages’

On May 23, 2022, the Supreme Court of California held that premium pay for missed meal and rest periods constitutes “wages” under California labor law and that employers may be held liable for the failure to properly report...more

ArentFox Schiff

California Emphasizes Employees Must Be Free To Leave During Meal Periods

ArentFox Schiff on

Under California law, employers generally must provide employees working more than five hours in a day with a meal period. These meal periods must be at least 30 minutes, duty-free, and uninterrupted. In addition, for a long...more

BakerHostetler

Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers

BakerHostetler on

In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As...more

Skadden, Arps, Slate, Meagher & Flom LLP

Issues on the Horizon at the US Supreme Court: 2022 and Beyond

Takeaways - Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies. The preemption of state employment laws by...more

CDF Labor Law LLP

California Labor Commissioner Gives Insight into 2022’s Warehouse Distribution Quota Law

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On September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022.  Under this new law,...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Be Watching in 2022

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The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s...more

BCLP

Changes and Developments in California Employment Laws for 2022

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As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Proskauer Rose LLP

10 Developments That Shaped Employment Law In 2021

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2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...more

BCLP

UK HR Two Minute Monthly - October 2021

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Our October 2021 update includes recent case developments with regard to whether a lack of an appeal renders dismissals unfair, the concept of “working time” under the Working Time Directive as well as less favourable...more

Jackson Lewis P.C.

California Passes Legislation Regarding Job Performance Quotas For Large Warehouse Facilities

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On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California. The new law applies to large employers who meet industry...more

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