News & Analysis as of

Wage and Hour Rest and Meal Break

Employment Law Commentary - May 2017 #2

by Morrison & Foerster LLP on

"On The Seventh Day He (She) Rested"... Maybe - It took 124 years, but the California Supreme Court in Mendoza v. Nordstrom, Inc., No. S224611, 2017 WL 1833143 (Cal. May 8, 2017) finally addressed in detail California’s...more

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

Employment Law - May 2017 #2

One Day of Rest Mandated by California Supreme Court - Why it matters - Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek,...more

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

by Fisher Phillips on

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

“Day of Rest” Requirement Measured By Workweek, Not Every Seven-Day Period

California employers must allow their employees to take one day of rest per each workweek, unless they work less than 30 hours per week or each shift in that workweek is 6 hours or less, the California Supreme Court decided...more

California Supreme Court Clarifies "Day of Rest" Requirements

by Bass, Berry & Sims PLC on

In a big win for California employers, the California Supreme Court ruled on May 8, 2017 that employers are not required to provide employees with a “day of rest” on a “rolling seven-day basis,” but must only ensure that...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

California Supreme Court Puts to Rest Labor Code Interpretation

by Carlton Fields on

Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

Battle of the Experts on Class Certification: A Win for Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling...more

The Ugly Side Of Salon & Spa Compensation

by Fox Rothschild LLP on

Earlier this week, I was advising a client on the termination of one of their spa employees. During the course of the conversation about his poor performance, the issue of his compensation came up. Turns out, while the...more

Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a...more

Sleeping on the Job? New York Court Finds Home Healthcare Employees Entitled to Pay for Each Hour on Overnight Shifts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The...more

California Meal and Rest Period Rules Are Absurd

by Fox Rothschild LLP on

California has the most stringent meal and rest period rules in the country. If an employee’s break is not taken within the proper time, is not long enough, or is interrupted, the employer is subject to a one-hour penalty....more

2017 California Labor and Employment Legislative Update: What to Watch

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Back from Spring Break, and Back to Work: Our List of L&E Bills to Watch in the remainder of the 2017-2018 California Legislative Session. ...more

State and Local Governments: Battling for Control of Workplace Laws

by Akerman LLP - HR Defense on

While some states are taking action to bar cities and local governments from regulating the workplace, cities and counties appear to be countering that effort by implementing innovative worker protections....more

Where’s The Rest Of My Pay?

In Vaquero v. Stoneledge Furniture LLC, a California Court of Appeal recently held that inside sales employees who are paid on a 100% commission basis must be separately compensated for their rest periods. Though inside...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

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

by Littler on

As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or...more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

The Resurgence Of The Hourly Rate To Recognize Performance

by Fisher Phillips on

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more

California Employees Paid on Commission Must Be Paid Separately for Rest Breaks

A California court recently held that employees paid by commission must be separately paid for their rest breaks. The employer had a policy of paying furniture sales employees a guaranteed minimum hourly rate as a draw...more

Retail and Consumer Products Law Roundup - March 2017

Retailers Prevail Over Pharmacy Customers in California Tax Suit - Retailers have won a victory in the realm of California taxation in McClain v. Sav-on Drugs (March 13, 2017) __ Cal.App.5th __ (Nos. B265011 &...more

Employment Law - March 2017 #2

Continuing Violation Doctrine Keeps Title VII Suit Alive - Why it matters - The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims...more

FRANCHISOR 101: Ostensible Agency Victory

by Lewitt Hackman on

A California federal judge dealt a major blow to employees of a Bay Area McDonald's in their effort to hold the franchisor responsible for its franchisee's alleged failure to pay wages and provide meal and rest breaks. The...more

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