News & Analysis as of

Rest and Meal Break Employer Liability Issues California

Sheppard Mullin Richter & Hampton LLP

California Court Upholds Prospective Meal Period Waivers

In a favorable decision for California employers, the Court of Appeal in Bradsbery et al. v. Vicar Operating, Inc., 110 Cal.App.5th 899, affirmed that employers and employees can enter into prospective, written, and revocable...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

Proskauer - California Employment Law

May 2025 California Employment Law Notes

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

Seyfarth Shaw LLP

Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers

Seyfarth Shaw LLP on

In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...more

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

CDF Labor Law LLP on

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

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … California Meal and Rest Period Requirements, Revisited

Epstein Becker & Green on

In what many would consider to be an employer-friendly decision, more than a decade ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest...more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] 2024 Labor & Employment Seminar - November 6th, San Diego, CA

Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely,...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

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update & Best Practices for California Employers - March 20th, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights, updates on California wage and hour laws, and essential best practices for employers to ensure compliance and minimize potential...more

FordHarrison

New California Employment Developments for 2024

FordHarrison on

Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises...more

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update And Best Practices for California Employers - August 22nd, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights and updates on California wage and hour laws, as well as essential best practices for employers to ensure compliance and minimize...more

CDF Labor Law LLP

CDF Wage and Hour Task Force – Monthly Tips: Common Pitfalls Associated with Remote Workers

CDF Labor Law LLP on

As the health risks of the pandemic wind down, the complexities of offering remote work endure. Some employers are still offering full remote work, while others offer a hybrid to remain competitive and retain employees....more

Proskauer - California Employment Law

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor & Employment – Day 9 "Public Sector Health Care Workers and Required Meal and Rest Periods"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the holidays, my labor and employment...more

Nossaman LLP

[Webinar] California Employment Law Update: Tips for Staying Compliant in 2023 - December 8th, 1:00 pm - 2:00 pm PT

Nossaman LLP on

Please join us on December 8, 2022, from 1:00 – 2:00 p.m. PT for “California Employment Law Update: Tips for Staying Compliant in 2023” as Nossaman’s Allison Callaghan, Randy Boyer and Pavneet Singh Mac discuss new California...more

Perkins Coie

2022 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more

Fox Rothschild LLP

Give Me a Break (a Rest Break That Is)

Fox Rothschild LLP on

How does a California employer prove in litigation that it actually provides rest breaks? How much evidence is enough? Well, after litigating this issue what seems to be hundreds of times, here is the best four step advice I...more

McDermott Will & Schulte

California Supreme Court Clarifies Missed-Break Premiums Penalties

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more

Perkins Coie

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

Perkins Coie on

The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more

ArentFox Schiff

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

ArentFox Schiff on

In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...more

Buchalter

Naranjo v. Spectrum Security Services, Inc.: The California Supreme Court Determines that Meal and Rest Premiums are Wages and...

Buchalter on

On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately...more

Fox Rothschild LLP

California Supreme Court Issues Pro-Employee Ruling Expanding Definition of Wages

Fox Rothschild LLP on

California employers now face derivative liability for failing to list premium payments for meal periods or rest breaks on their wage statements, as well as for failing to pay all premiums timely upon separation. ...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

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Weintraub Tobin

Legislative Update: Intentional Wage Theft Could Result in Criminal Liability

Weintraub Tobin on

On September 27, 2021, Governor Newsom signed AB 1003 into law. AB 1003 adds a new type of grand theft to Penal Code section 487m for an employer’s intentional theft of wages in an amount greater than $950 (from any one...more

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