No Brinker Decision Yet But Another Favorable Meal And Rest Break Decision For Employers

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On May 10, 2011, the Second Appellate District of California issued a favorable decision for employers in Flores v. Lamps Plus, Inc. This case serves as additional support that so long as California employers provide meal and rest breaks to employees, they have met their obligations as set forth in California Labor Code §§ 226.7 and 512 and the IWC Wage Orders.

Lamps Plus was brought on a class action basis by three former Lamps Plus employees who were employed as non-exempt sales associates in Lamps Plus' San Rafael location and who all reported to the same manager. Plaintiffs alleged Lamps Plus violated California labor law by denying them meal and rest breaks, requiring off-the-clock work, failing to provide itemized wage statements, and failing to timely pay wages due upon termination. Plaintiffs' complaint was premised on the theory that employers must ensure employees take meal and rest breaks and that Lamps Plus had a companywide practice of not paying timely wages upon termination and requiring off-the-clock work.

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Sheppard Mullin Richter & Hampton LLP on:

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