California Wage/Hour Update - January 2012, No.1

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In This Issue:

- Court Finds Meal And Rest Period Rules Preempted For Some Employers By Ryan Wheeler (Irvine)

California law mandates that employers provide employees who work more than five hours with a 30-minute meal break prior to the sixth hour of work, and a second 30-minute meal period for employees who work more than 10 hours. Employees are also entitled to a 10-minute rest period for every four hours, or major portion thereof, worked. A recent court ruling held that these regulations are preempted by a federal law which covers motor carriers. Dilts v. Penske Logistics....

- Sue An Employee, But Pay For Attorneys’ Fees? Court weighs in on complicated indemnity statutes By Jimmie Johnson and John Skousen (Irvine)

Employers defending wage claims in proceedings before the California Labor Commissioner are not permitted to file complaints or cross-claims against their employees, but that’s not the case when a complaint is filed in civil court. Employers faced with complaints from employees seeking unpaid wages may have grounds to file cross-complaints based upon employee misconduct, or they may file a direct lawsuit An employer may be eager to file such complaints to help “settle the score” where the suing employee committed serious wrongs against the company....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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