News & Analysis as of

Labor Code Rest and Meal Break Employment Litigation

Epstein Becker & Green

California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable

In a surprisingly employer-friendly decision, the California Court of Appeal recently held that voluntary, prospective written meal waivers for shorter shifts, i.e., those that are more than five but no more than six hours in...more

CDF Labor Law LLP

Cal. Court of Appeal Affirms Validity of Prospective Meal Break Waivers

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On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced. The case, La Kimba Bradsbery et al. v. Vicar Operating,...more

Clark Hill PLC

In win for employers, the California Court of Appeal ruled prospective meal break waivers can be permissible

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What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive...more

Seyfarth Shaw LLP

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

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The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the...more

Fox Rothschild LLP

California Court Rules in Favor of Prospective Meal Period Waivers for Employers

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In a significant ruling for employers, the California Court of Appeal has validated the use of “prospective” meal period waivers, allowing workers to voluntarily waive their meal breaks in advance, under certain conditions....more

Farella Braun + Martel LLP

Navigating Recent Changes to California Wage and Hour Laws

The recent changes to California’s wage and hour laws have significant implications for employers operating within the state. While the reforms are aimed at providing clearer guidelines for employers, there are still complex...more

CDF Labor Law LLP

[Webinar] Wage & Hour Minefield: Top Compliance Risks and Litigation Trends for 2025 - February 26th, 10:00 am - 11:00 am PT

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Wage and hour claims—especially under California’s Private Attorneys General Act (PAGA) and class action lawsuits—continue to rise at an alarming rate. With more PAGA notices filed than ever before and wage and hour class...more

CDF Labor Law LLP

Supreme Court Holds that Public Entities Are Not Subject to PAGA and Various Labor Code Violations

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On August 15, 2024, the California Supreme Court issued a momentous unanimous decision in Stone v. Alameda Health System (“Stone”), concluding that public employers are exempt from various Labor Code provisions and PAGA...more

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

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On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more

Fox Rothschild LLP

California Supreme Court Holds Good Faith Defense Precludes Penalties for Wage Statement Noncompliance

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In a significant victory for employers, the California Supreme Court recently held that if an employer reasonably and in good faith believed it was providing complete and accurate wage statements in compliance with wage...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

CDF Labor Law LLP

California Supreme Court Provides Relief and Hope for Good Faith Employers

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This week, the California Supreme Court filed a decision in Naranjo v. Spectrum Security Services, Inc., S279397, holding that “an employer’s objectively reasonable, good faith belief that it has provided employees with...more

Seyfarth Shaw LLP

Good Faith Defense Applies To Wage Statement Penalty Claims

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The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more

Fisher Phillips

Good Faith Goes a Long Way to Defeat Wage Statement Claims: 4 Tips for Employers After California Supreme Court Win

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Employers finally received some welcome news from the California Supreme Court Monday and now have a better shot of successfully using a “good faith” defense to wage-and-hour lawsuits. According to the ruling, if an employer...more

Morgan Lewis

California Supreme Court: Trial Courts Lack Authority to Strike or Dismiss PAGA Claims on Manageability Grounds

Morgan Lewis on

In Estrada v. Royalty Carpet Mills Inc., a unanimous decision by the California Supreme Court resolves a split between California courts of appeal by ruling that a trial court does not have inherent authority to strike PAGA...more

Seyfarth Shaw LLP

The California Supreme Court Pulls The Carpet Out From Underneath Employers

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Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more

Jones Day

California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now...

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The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more

CDF Labor Law LLP

Meal Premiums Now Considered A “Wage” By California Supreme Court In Naranjo v. Spectrum Security Services, Inc.

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Earlier this week, the California Supreme Court added another layer of complexity to California’s already-onerous wage and hour regulatory scheme. In this week’s development, the California Supreme Court held in Naranjo v....more

Littler

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest...

Littler on

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court’s Decision on Premium Payments for Meal, Rest, and Recovery Break Violations

On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more

Fisher Phillips

Common Cents: New Trend of Wage Statement Wins for Employers in California and Federal Courts

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The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private...more

Benesch

California Update: State and Federal Courts Weigh in on PAGA Meal-Break Standing, Pay Statement Contents

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In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more

CDF Labor Law LLP

9th Circuit Confirms Limited Application of Heightened Penalties for “Subsequent” Labor Code Violations

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On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more

Haight Brown & Bonesteel LLP

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

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