Rest and Meal Break

News & Analysis as of

Can Employees be Disciplined for Using the Bathroom?

Employees at a Chicago plant are picketing over a new employer policy to time unscheduled bathroom breaks and discipline employees who exceed what the company deems as a reasonable amount of time. The company even went so...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

Ninth Circuit Holds FAAAA Does Not Preempt California’s Meal and Rest Break Laws

Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves...

On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more

Employment Law Commentary, Volume 26, Issue 5, May 2014

In This Issue: - Meal and Rest Break Compliance In The Post-Brinker Era - European Court of Justice: Commissions May Need to be Included in Holiday Pay - Excerpt from Meal and Rest Break Compliance In The...more

Dispelling Employment Myths Series – Issue 3: 15 Minute Breaks

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the...more

Three Square Meals Er...Breaks - Why You Should Never Round Breaks [Wage & Hour FAQ]

In my last two posts, I’ve discussed rounding at the beginning and end of a shift, but what about rounding for meal breaks? If an employee clocks in from lunch at 12:25, do you round that time to 12:30? Unlike the beginning...more

Essential Employment Policies for Family Businesses, Part II

In this second round of “must-have” employment policies, we focus on rest breaks and meal periods. It can be devastating for any business, but especially a family-run business, to face claims of non-compliance with wage and...more

France amends the SYNTEC collective bargaining agreement

Media worldwide – and especially in the US – have this week been reporting a new French law that supposedly prohibits employees from answering emails after 6 pm. The reporting on this issue has been misleading,...more

Quirky Question #223, Meal Periods Outside California

We have offices in 13 states, a headquarters in Iowa and a manufacturing facility in Alaska. Several employees have used our “open suggestion box” to request that we allow them to work through lunch so they can go home...more

Bill Would Expand Female Employees’ Rights Regarding Breastfeeding In The Workplace

On January 9, 2014, the Senate reintroduced a bill (S218), which would amend the New Jersey Law Against Discrimination to make it a civil rights violation for an employee to be fired or otherwise discriminated against because...more

Got Class? Wage and Hour Class Actions in a Post-Brinker World

In 2012, employers awaited the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court with the bated-breath anticipation of a presidential election, or an Olympic luge race. And, boy, was it worth...more

The So-Called Re-Emergence Of Gifts, Meals And Entertainment As A Compliance Problem

Forgive me for taking the FCPA Paparazzi to task but when they deserve it, they deserve it. A quick diversion — I often am asked by fellow bar members and commenters if I am referring to them as being a member of the...more

California Appellate Court Affirms Denial Of Class Certification

As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions...more

Sleepy Truck Drivers Create Hazards on the Road

Long-distance trucking can be a very dangerous business for drivers and passengers in nearby vehicles. Trucker Andrew Bokelman recently learned this lesson firsthand in a most tragic way. In November 2013, Bokelman was...more

Contractors Need to Update Policies and Procedures to Provide Recovery Periods for Outdoor Workers

Contractors and other employers of outdoor workers are affected by the amended California Labor Code, effective January 1, 2014, that provides expanded protection to outdoor workers. Specifically, California Labor Code...more

California Courts Deny Certification In Wage and Hour Cases Based On Claim That Employer “Should Have Known” Of Unpaid Time

Back in October, we reviewed a number of California cases that, for the most part, denied certification in cases in which certification would have largely been a foregone conclusion only a few years ago. The first few days of...more

Happy 2014 – Gear Up For New Wage And Hour Laws

As the new year begins, California employers, already weary from added wage and hour laws and regulations enacted over the past several years, have yet more to comply with. Here are the highlights....more

2014 Update for California Employers

While 2013 was marked by some novel and interesting judicial and administrative decisions, including Quicken Loans (in which the National Labor Relations Board invalidated certain common employee handbook policies), Vance v....more

Penalty for Missed Heat Illness Prevention Recovery Periods

The current version of Labor Code section 226.7 provides a penalty of one hour's pay for each day that an employee is required to work during any required meal or rest period. Cal-OSHA regulations require employers of certain...more

Illinois Department Of Labor Assessing Fines For Record-Keeping Violations

Illinois wage laws like the Illinois Minimum Wage Law (IMWL) and One Day Rest in Seven Act (ODRISA) require employers to maintain certain records for each employee, such as time records of hours worked, records showing the...more

Just When You Thought It Was Safe to Go Back into California: Meal and Rest Period Claims Remain Certified on Remand in Brinker

Companies with employees in California will recall last year's landmark California Supreme Court decision in Brinker v. Superior Court (April 12, 2012), which confirmed that employers need only "permit" hourly employees to...more

Employers Win Some, Lose Some, in California Cases Started Prior to Dukes

Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a...more

Courts May Certify Class Claims Where Damages Differ

In Benton v. Telecom Network Specialists, Inc., the California Court of Appeal for the Second Appellate District affirmed that employee wage and hour and meal break cases may be suitable for class certification even where...more

Putative Class Targets Purported Deficiencies in Employer Meal and Rest Break Policies

Following the California Supreme Court’s Brinker ruling (April 2012 Employment Alert) that a California employer satisfies its meal/rest period obligations by “providing” rather than “ensuring” employees take rest and meal...more

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