Yvette Davis on Rest and Meal Break

Employer’s Inconsistent Application of Written Rest Break Policies Will Not Create Predominance of Individual Inquiries in Class...

On June 17, 2022, the California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Meza v. Pacific Bell Telephone Company (B317119, June 17, 2022) __ Cal.App.5th ___. In this...more

6/24/2022 / Class Action , Employer Liability Issues , Employment Litigation , Labor Law Violations , Private Attorneys General Act (PAGA) , Rest and Meal Break , Wage and Hour

California’s Meal and Rest Break Regulations are Preempted by Federal Hours of Service Regulations for Both Long Haul and Short...

In the matter of Espinoza v. Hepta Run, Inc., et al. (Cal. Ct. App., Jan. 19, 2022, No. B306292) 2022 WL 167770, the Court of Appeal considered the following issue: Whether the Federal Motor Carrier Safety Administration’s...more

1/27/2022 / Commercial Truck Drivers , Employer Liability Issues , Rest and Meal Break , State Labor Laws , Wage and Hour

Recovery of Attorneys’ Fees Unavailable for Missed Rest and/or Meal Breaks

Although California Labor Code section 218.5 mandates an award of reasonable attorney fees to the prevailing party in any action for the nonpayment of wages, the recent decision in Betancourt v. OS Restaurant Services, LLC,...more

5/27/2020 / Attorney's Fees , Employment Litigation , Labor Code , Rest and Meal Break , Wage and Hour

Separate Compensation of Rest Breaks in Piece-Rate System Confirmed

In the matter of Jimenez-Sanchez v. Dark Horse Express, Inc. (F072599), the court confirmed that employees paid on a piece-rate basis required additional, separate compensation for rest breaks. The defendant in the case was...more

2/20/2019 / Class Certification , Employer Liability Issues , Minimum Wage , Piece-Rate Pay , Rest and Meal Break , Wage and Hour

Employer’s Failure to Keep Accurate Work Hour Records Opens Door for Employee’s Overtime Claim

In Furry v. East Bay Publishing (A151986, Filed 12/12/2018), a California appeals court held that imprecise evidence by an employee can provide a sufficient basis for damages when the employer fails to keep accurate records...more

1/9/2019 / Employer Liability Issues , Over-Time , Recordkeeping Requirements , Rest and Meal Break , Unpaid Overtime , Wage and Hour

California Time-Rounding Policies Upheld and Applicable to Meal Periods

Donohue v. AMN Services, LLC (2018 WL 6445360) was recently decided by California’s Court of Appeal, Fourth District, and adds further nuance to the state’s wage and hour laws. Donohue, a nurse recruiter formerly employed...more

1/8/2019 / Rest and Meal Break , Rounding , Timekeeping , Wage and Hour

Employees Paid on Commission Basis Must Be Compensated Separately for Rest Periods

In Vaquero v. Stoneledge Furniture, LLC, (No. B269657, filed 2/28/17) the California Court of Appeal for the Second Appellate District held employers must separately compensate their commission based employees for mandatory...more

3/3/2017 / Corporate Counsel , Employer Liability Issues , Rest and Meal Break , Sales Commissions , Wage and Hour

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

12/11/2015 / Corporate Counsel , Healthcare Workers , Labor Law Violations , Residential Care Facilities , Rest and Meal Break , Wage and Hour , Waivers

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

7/28/2015 / Class Certification , Popular , Rest and Meal Break , Safeway Inc , Wage and Hour

IWC Wage Order Found Partially Invalid for Second Meal Period Waiver

In Gerard v. Orange County Memorial Medical Center, 2015 Cal.App. LEXIS 132, the Court of Appeal found Wage Order No. 5, Section 11(D) of Industrial Welfare Commission ("IWC") wage order No. 5-2001 (Cal. Code Regs., title 8,...more

2/13/2015 / Appeals , Employer Liability Issues , Healthcare Facilities , Rest and Meal Break , Wage and Hour

Employment Law Alert: Remaining On Call During Rest Periods is Okay

In Augustus v. ABM Security Services, Inc. (Nos. B243788 & B247392, filed 12/31/14), the California Court of Appeal for the Second Appellate District held Labor Code section 226.7 prescribes only that an employee may not be...more

2/3/2015 / Appeals , Class Action , On-Call Employees , Rest and Meal Break , Security Guards , Wage and Hour

Yvette Davis

Haight Brown & Bonesteel LLP

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