Episode 309 -- Alex Cotoia on Compliance with the Uyghur Forced Labor Prevention Act
The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more
As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more
California employers may not apply time-rounding procedures to meal period time entries, based on a recent California Supreme Court decision. ...more
The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more
In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more
On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique. Donohue v. AMN...more
On Thursday, February 25, 2021, the California Supreme Court in Kennedy Donohue v. AMN Services, LLC, effectively ended the usage of time-punch rounding policies in the context of employee meal periods. This decision will...more
In light of the recent ruling, employers in California should be aware of the risks involved in using rounded time to determine whether an employee took a late or short meal break. ...more
If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more
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