Wage and Hour Rest and Meal Break

News & Analysis as of

Failing To Pay Employees Premium Wages For Missed Meal and Rest Periods Could Cost Big

In Safeway, Inc. v. Superior Court (Esparza), (C.A.2nd B255216) (L.A. Superior Court Case No. BC487830), published July 22, 2015, the California Court of Appeal for the Second District upheld a trial court’s class...more

Washington Employers Must Pay Piece Rate Workers Additional Rest Break Compensation

With some limited exceptions, Washington State wage and hour rules require that workers receive a paid 10 minute rest break for every four hours worked. The Washington Supreme Court has now expanded employer obligations in...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by...more

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit

When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class...more

California Court of Appeal Refuses to Enforce Forum Selection Clause Because Employer Would Not Stipulate to Apply California Law...

In Verdugo v. Alliantgroup, L.P., the California Court of Appeal held that a forum selection clause in an employment agreement was unenforceable because the employer could not prove that the employee’s rights under the...more

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Come To Work And…Get Some Sleep?

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

California Supreme Court Agrees to Consider Whether California Health Care Workers Can Lawfully Waive a Second Lunch Period.

This week, the California Supreme Court agreed to review the decision in Gerard v. Orange Coast Memorial Center, No. G048039 (February 10, 2015), where the California Court of Appeal partially invalidated the Industrial...more

Sticking up for Their Rights: Employers Taking the Offensive

The traditional posture of California employers apprehensive about “gotcha” wage and hour claims is to hunker down and wait for the next lawsuit. But a few brave souls have taken the offensive. We celebrate two examples here....more

[Event] Breakfast With Your Labor Lawyer - May 28, Los Angeles, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

[Event] Breakfast With Your Labor Lawyer - May 20, Orange County, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 19, San Francisco, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

[Event] Breakfast With Your Labor Lawyer - May 14, San Diego, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

California’s On-Duty Meal Period – Not a Waiver of a Meal Period!

Under California law, employees are required to take an off-duty 30-minute meal period before the end of the 5th hour of work. Employees who work less than 6 hours may waive the 30-minute meal period by mutual consent of the...more

A Win for Employers: Court Denies Class Certification of Rest Break Claim Where Plaintiff Alleged Employer Did Not Have a Rest...

A recent federal district court decision denying a motion for class certification of wage-and-hour claims reflects continuing disagreement among courts in California regarding the suitability for class treatment of meal and...more

Appellate Court Decision Changes Rules on Healthcare Worker Meal Period

Gerard v. Orange Coast Memorial Medical Center - Court of Appeal, Fourth Appellate District (February 10, 2015) - A statute requires two meal periods for shifts longer than 12 hours. But an order of the...more

New York State Supreme Court Finds 24-Hour Home Care Attendants Must be Paid for Sleep and Meal Periods

The New York State Department of Labor ("NY DOL") has consistently enforced the New York Labor Law ("NYLL") as permitting third-party employers of 24-hour home care attendants to pay their employees for 13 hours of a 24-hour...more

Health Care Employees Should Not Have Been Permitted To Waive Their Second Meal Periods

In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Being on Call in California Does Not Impede on Rest Breaks

Augustus v. ABM Security Services, Inc., No. B243788 (filed December 31, 2014, pub. ord. January 29, 2015)): In its recently published decision, the California Court of Appeal held that on-call rest breaks are permissible. In...more

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