News & Analysis as of

Meal Penalties

Weintraub Tobin

Podcast: California Employment News - Using Employee Time Attestations

Weintraub Tobin on

Employee time attestations are a valuable way for employers to track missed and/or non-compliant meal and rest breaks. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review how employers...more

Weintraub Tobin

California Employment News: Using Employee Time Attestations

Weintraub Tobin on

Employee time attestations are a valuable way for employers to track missed and/or non-compliant meal and rest breaks. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review how employers...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment - September 2021

ArentFox Schiff on

Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Pillsbury Winthrop Shaw Pittman LLP

Recalculating the Cost of Lunch

The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.” The California Supreme Court held that employers must pay non-exempt...more

Smith Gambrell Russell

California Meal, Rest, and Recovery Period Penalties Include More Than Just Regular Hourly Wage

Smith Gambrell Russell on

Most California employers know that under Labor Code § 226.7(c), employees who are not provided with a compliant meal, rest, or recovery period must be paid an additional hour of pay for each violation. Most California...more

Buchalter

California Supreme Court Prohibits Rounding for Meal Periods

Buchalter on

On February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v. AMN Services, LLC, and decided two questions of law relating to meal periods. First, the Court held that employers cannot...more

Stokes Wagner

Naranjo v. Spectrum Security Services Denies Derivative Waiting Time Penalties and Wage Statement Penalties in Meal and Rest Break...

Stokes Wagner on

It’s no secret that California is typically viewed as the most employee-friendly state in the country. New employee-favored laws are passed so quickly that employee handbooks can be rendered outdated before they go to print....more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

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The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...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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