Rest and Meal Break, DLSE

Wage and Hour Policies Amid Rising PAGA Filings

Meyers Nave on 5/10/2024

At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Court Rules Outside Salesperson Exemption Turns on Employer Control

Ervin Cohen & Jessup LLP on 4/4/2023

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

California Supreme Court Cases Employers Should Be Watching in 2022

Jackson Lewis P.C. on 12/23/2021

The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s...more

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on 12/4/2019

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Meal And Rest Break Premiums Payable At Base Rate, Not Regular Rate Of Pay

Jackson Lewis P.C. on 11/6/2019

A California state appellate court has ruled that the correct rate for paying meal and rest period premiums is one hour of pay at an employee’s base hourly rate, not the regular rate of pay used for calculating overtime...more

California Supreme Court Will Have The Final Word On Exceptions To Activity-Based Pay Systems

Fisher Phillips on 10/8/2019

Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more

DLSE Says: Under Wage Order 5, On Duty Meal Periods Must Be At Least 30 Minutes In Length

Jackson Lewis P.C. on 8/29/2019

By way of background, in Palacio v. Jan & Gail’s Care Homes, Inc. (2015) 242 Cal.App.4th 1133, the Fifth District Court of Appeal considered the interplay between subdivisions 11(A) and 11(E) of Wage Order No. 5....more

Key California Employment Law Cases: March 2018

Payne & Fears on 4/20/2018

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Not Providing Compliant Rest Breaks in California Could Break the Bank – New Clarifications from the State’s High Court

Orrick - Employment Law and Litigation on 1/25/2017

Recently, in Augustus v. ABM Security Services, Inc., the California Supreme Court upheld a $90 million award of statutory damages, interest, and penalties against an employer who required employees to remain on-call during...more

California Employment Law Notes - January 2017

Proskauer - California Employment Law on 1/10/2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

No Peace for Piece Rate Employers

Seyfarth Shaw LLP on 1/14/2016

As 2015 drew to a close, the DLSE issued several publications regarding California’s new piece-rate legislation, AB 1513, reminding California employers that it is now even more difficult to pay employees on a piece-rate...more

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