News & Analysis as of

Rest and Meal Break Timekeeping

Fox Rothschild LLP

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action

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I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging...more

Conn Maciel Carey LLP

AI-Empowered HR: Crafting Compliance in the Digital Age

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The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) guiding employers on the use of artificial intelligence (AI) in human resources activities. The FAB focuses on how the use...more

Jackson Lewis P.C.

DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace

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The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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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

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update And Best Practices for California Employers - August 22nd, 10:00 am - 11:15 am PT

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CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights and updates on California wage and hour laws, as well as essential best practices for employers to ensure compliance and minimize...more

Miller Nash LLP

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 2

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In Part 2 of our blog series highlighting some of the risks for employers when pay and time practices don’t comport with wage and hour laws, the case details and key takeaways below should provide West Coast employers...more

Perkins Coie

Wage and Hour Compliance: Meal and Rest Breaks

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This blog series addresses common employment-related issues for cannabis industry professionals. This post addresses meal and rest break requirements manufacturers and retailers of cannabis products should consider to...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

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Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Payne & Fears

California Court of Appeal Calls Time Rounding Into Question

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The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more

McDermott Will & Emery

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

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Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more

CDF Labor Law LLP

[Webinar] The “Golden State” of PAGA: Status and Trends of CA Wage and Hour Litigation - August 26th, 10:00 am PT

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Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how...more

Blank Rome LLP

California Supreme Court Requires That All Non-Discretionary Payments Must Be Included in Meal and Rest Period Premiums

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Meal and Rest Period Premiums Must Include All “Non-Discretionary Payments” and Not Just Hourly Wages - If an employer does not provide an employee with a compliant meal or rest period, Labor Code section 226.7(c)...more

Stradling Yocca Carlson & Rauth

CA Supreme Court Determines How To Calculate One Hour Of Premium Pay For Non-Compliant Meal, Rest, Or Recovery Periods

Under California law, if an employer does not provide an employee a compliant meal, rest or recovery period, under Labor Code section 226.7 that employer is required to “pay the employee one additional hour of pay at the...more

Ervin Cohen & Jessup LLP

California Supreme Court Issues Retroactive Decision on Calculating Meal and Rest Break Premium Pay

Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more

CDF Labor Law LLP

[Webinar] Top 10 Employment Issues for California Employers Dealing with Remote Workers - July 29th, 10:00 am - 11:00 am PT

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COVID-19 ushered in a new paradigm of remote working. Although some companies had already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling...more

BakerHostetler

California Court Affirms Value of Employee Time Punches in Defeating Class Certification

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In a sweet ruling for employers, a California court of appeal affirmed a trial court’s denial of class certification of a meal break claim due to employee timekeeping records. This decision, Salazar v. See’s Candy Shops Inc.,...more

Ervin Cohen & Jessup LLP

California Supreme Court Signals the End for Rounding Meal Break Time

As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more

Davis Wright Tremaine LLP

California Supreme Court Rules Against Rounding Meal Periods

On February 25, 2021, the California Supreme Court issued an important ruling affecting meal period compliance and rounding policies. In Donohue v. AMN Services, LLC, the Court held: (1) Meal periods cannot be rounded, even...more

McDermott Will & Emery

Has Rounding Overstayed its Welcome in California?

For the past decade, many California employers have lawfully used neutral rounding systems to compensate employees. Rounding is the practice of adjusting an employees’ recorded time worked to the nearest preset increment for...more

Akerman LLP - HR Defense

California Employers May No Longer Round Time for Meal Periods

California employers may not apply time-rounding procedures to meal period time entries, based on a recent California Supreme Court decision. ...more

Fisher Phillips

Recent California Supreme Court Case Offers Meal Period Guidance

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The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more

Buchalter

California Supreme Court Prohibits Rounding for Meal Periods

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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

Perkins Coie

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible...

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California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more

Shook, Hardy & Bacon L.L.P.

California Supreme Court Strikes Down Rounding Time Programs For Meal Breaks

In its recent Donohue v. AMN Services, LLC decision, the California Supreme Court held that employers can not “round” employee time for purposes of calculating statutorily mandated meal breaks. It also held that records...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

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