Rest and Meal Break Wage and Hour

News & Analysis as of

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

Beware Unpaid Rest Breaks for Non-Exempt Employees

A recent federal court decision in Pennsylvania affirmed the risks incurred by employers if they treat brief rest breaks as unpaid for non-exempt employees. In Perez v. American Future Systems, Inc. d/b/a Progressive Business...more

No Peace for Piece Rate Employers

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

A New Year = New Laws for California Employers

It’s that time again – a new year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California. Unless otherwise indicated, the new laws...more

California Employers Will Be Facing New "Break Wars" In The New Year

Although meal periods have occupied central stage in class action litigation over the past decade in California, rest-period litigation will soon join the “break wars.” A new law that just took effect on January 1, 2016...more

Minimum Wage, Maximum Headache: California’s Minimum Wage Hits $10 in 2016. Are You Prepared?

As you brace for the New Year, don’t forget that California’s minimum wage will reach $10 per hour on January 1, 2016.  This latest increase is the final stage of the two-step legislation that increased the minimum wage from...more

Court Clarifies On-Duty Meal Provisions

Plaintiff of a 24-Hour Residential Care Facility Denied Class Action Over On-Duty Meal Period Allegations - A California Court of Appeal affirmed the denial of a motion for class certification filed by a former employee...more

Employment Law - December 2015

NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal - Why it matters - Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more

Once a Waiver, Always a Waiver: Employee’s Agreement to Waive Meal Break Cannot Be Revoked

In Palacio v. Jan & Gail’s Care Homes, Inc. (Ct. of Appeal F070861), published December 7, 2015, the Court of Appeal for the Fifth Appellate Court ruled against a health care worker who sued to recover penalties for meal...more

The Third Circuit Adopts Predominant Benefit Test For Meal Periods, Leaving The Ninth Circuit As The Sole Holdout

The Third Circuit Court of Appeals recently joined the chorus of Circuits adopting the pro-employer “predominant benefit test” when weighing the compensability of meal periods under the Fair Labor Standards Act (“FLSA”). As...more

New Law Creates Additional Rest and Recovery Requirements for Piece-Rate Workers

Effective January 1, 2016, Assembly Bill 1513 establishes Labor Code Section 226.2, which requires that employers paying piece-rate compensation must pay employees for rest and recovery periods and other nonproductive time...more

Ushering in a New Year of Labor and Employment Legislation

With the new year less than one month away, the compliance countdown for new laws has begun. Limited time remains in 2015 for employers to ensure policies and practices are developed or revised to meet 2016 obligations. Time...more

Meal Break Win in Third Circuit Gives Employers Reason to Be Thankful for More Than Thanksgiving Meals

Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more

Recent Prison Guard Case Frees Employers from Meal Period Uncertainty Under the FLSA

The U.S. Court of Appeals for the Third Circuit has provided some certainty to Pennsylvania, New Jersey and Delaware employers as to when employees’ meal breaks can be uncompensated and when they must be paid. In a split...more

When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test

Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods during which an employee is...more

Changes to California’s Piece-Rate Compensation Requirements

Assembly Bill (“AB”) 1513, will significantly change the requirements governing the payment of piece-rate compensation in California beginning January 1, 2016. AB 1513 creates Labor Code section 226.2 which sets forth...more

Third Circuit Adopts Predominant Benefit Test to Determine Compensability of Meal Breaks

The U.S. Third Circuit Court of Appeals, which has jurisdiction over Pennsylvania, recently evaluated the appropriate test to determine when employees must be paid for meal breaks. As described below, the Third Circuit in the...more

House Passes Transportation Bill with Meal and Rest Break Implications

On November 5, 2015, the House of Representatives approved a transportation funding bill with an amendment that would reverse a 2014 Ninth Circuit decision that California's meal and rest break laws are not preempted under...more

Quirky Question #268: E-Sign Away!

Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an arbitration agreement that...more

Trick or Treat for California Employers

As we approach Halloween, the California Legislature and Governor Jerry Brown have been busy on the employment front. The results of this activity are a “mixed bag” for California employers....more

Amazon.com Hit With Independent Contractor Misclassification Class Action Lawsuit By Delivery Drivers

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s “Prime Now” app. The drivers...more

No More Long Lunches: The $18M FCA Payout for Inaccurate Recordkeeping

In 1920, U. S. Supreme Court Justice Oliver Wendell Holmes wrote that contractors "must turn square corners when they deal with the Government." That remains true today, and allegations in a recently-settled False Claims Act...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Attention Health Care Employers: Your Blood Pressure Is About to Drop

Existing law left health care employers in the quagmire of a conflicting statute and wage orders when it came to employees’ meal period waivers on work shifts exceeding 12 hours in a workday. But Governor Brown has signed...more

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