News & Analysis as of

Labor Code Rest and Meal Break Wage Orders

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

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

Allen Matkins

California Supreme Court Clarifies Formula for Calculating Payment of Meal, Rest, and Recovery Break Premiums

Allen Matkins on

On July 15, 2021, the California Supreme Court issued a decision that has an impact on all California employers and the manner in which meal, rest, and recovery break premiums are calculated. Labor Code Section 226.7(c)...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

Payne & Fears

California Supreme Court Holds That Meal And Rest Period Premiums Must Be Paid At The “Regular Rate Of Pay”

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Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more

Payne & Fears

California Supreme Court Rejects Use of Rounding Policies for Meal Periods

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Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more

Payne & Fears

Even On-Duty Meal Periods Must Last at Least 30 Minutes

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While the California Labor Code specifies that an off-duty meal period must consist of at least 30 minutes of uninterrupted time during which the employee is relieved of all duties, the duration requirement for an on-duty...more

Fisher Phillips

What Happens If Landmark Appellate Court Decision Is Reviewed By State Supreme Court?

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Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more

Davis Wright Tremaine LLP

California Supreme Court Confirms that Health Care Employees Who Work More Than 12 Hours May Lawfully Waive Second Meal Period

California’s Industrial Welfare Commission ("IWC") Wage Order 5 and the California Labor Code set forth meal and rest period requirements for non-exempt health care employees, and permit the waiver of a second meal period for...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms Validity Of Meal Period Waivers For Healthcare Employees

On December 10, 2018, the California Supreme Court handed down its unanimous decision in Gerard, et al. v. Orange Coast Memorial Medical Center, affirming the Court of Appeal ruling that voluntary meal period waivers are...more

Fisher Phillips

California Supreme Court Provides A Dose Of Helpful Medicine For Healthcare Employers

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In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal...more

Snell & Wilmer

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

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A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

Morgan Lewis

California Court of Appeal Expands Law on Separate Rest Break Payments

Morgan Lewis on

Employees who are paid solely on commission must receive separate compensation for rest breaks. On February 28, the California Court of Appeal ruled in Vaquero v. Stoneledge Furniture, LLC that employees who are paid...more

Fisher Phillips

California Court Confirms Healthcare Meal Waivers Have Always Been Valid

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In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare...more

Seyfarth Shaw LLP

Courts to Consider Theories, Not Facts, on Certification

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Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

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