News & Analysis as of

Wage and Hour Waivers

Ervin Cohen & Jessup LLP

Good News for Employers: Court Upholds Prospective Meal Break Waivers for Short Shifts

In the recent decision of Bradsbery v. Vicar Operating, Inc., a California appellate court addressed the enforceability of prospective written meal period waivers for employees working shifts between five and six hours. ...more

Davis Wright Tremaine LLP

An Important Win for Employers in California: Meal Period Waivers

For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

Seyfarth Shaw LLP

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

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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

Payne & Fears

Prospective Written Meal Period Waivers Can Be Enforced in California Says the California Court of Appeal

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Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more

Seyfarth Shaw LLP

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

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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

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

Jackson Lewis P.C. on

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

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

Florida Governor Signs Law Easing Hourly Work Restrictions on Minors

On March 22, 2024, Florida Governor Ron DeSantis signed a bill into law that amends the state’s Child Labor Law to allow minors sixteen and seventeen years of age to work more hours....more

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Seyfarth Shaw LLP

PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 3 "Healthcare Workers and a New Minimum Wage Structure"

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

Seyfarth Shaw LLP

California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of...

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Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more

Benesch

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

Benesch on

Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more

Seyfarth Shaw LLP

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

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Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more

Fox Rothschild LLP

FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!

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Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use the advice given...more

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

UK Home Office Issues Spring ‘Statement of Changes in Immigration Rules’

The UK Home Office’s Spring 2023 “Statement of Changes in Immigration Rules,” published on March 9, 2023, includes updates on salary thresholds for several immigration routes and the UK’s new Electronic Travel Authorisation...more

Foley & Lardner LLP

Not Enough Money to Make the Next Payroll? Know the Law Before You Act

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Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more

Constangy, Brooks, Smith & Prophete, LLP

An OWBPA kick in the pants

Even though the court was right, this stinks. Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more

Smith Anderson

Does the Federal Arbitration Act Favor Arbitration?

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A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

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A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

Cozen O'Connor

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines (ALERT)

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California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127...more

Esquire Deposition Solutions, LLC

Employers Advised to Use Communication, Flexibility to Mitigate COVID-19 Litigation Risks

When weighing liability risks arising from employees contracting COVID-19 at the workplace, many employers instinctively turn to the liability waiver, a document that — in theory — will protect the employer against lawsuits...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Announces COVID-19 Job Retention Scheme

The COVID-19 crisis has led to much uncertainty regarding continuing pay for employees who are unable to work from home, as well as overall job security, in the face of employers’ financial uncertainty....more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Ervin Cohen & Jessup LLP

In Case You Missed It…New Employment Laws in Effect for 2019 (Part 1)

The California Legislature is currently working on new laws that will go into effect next year.  Indeed, Governor Newsom has already begun to sign some legislation into law (see, for example, the CROWN Act)....more

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

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