News & Analysis as of

Rest and Meal Break

ArentFox Schiff

Prospective Written Meal Period Waivers Survive, California Court Affirms Enforceability

ArentFox Schiff on

The California Court of Appeal recently issued a significant decision affirming that employers and employees may mutually agree, in writing, to prospectively waive the employee’s meal period for shifts between five and six...more

Stoel Rives - World of Employment

California Court of Appeal Confirms the Legality of Prospective Meal Period Waivers

In Bradsbery v. Vicar Operating, Inc., a California Court of Appeal answered a question that many California employers may not have known even needed to be answered—whether California employees can prospectively waive their...more

Davis Wright Tremaine LLP

An Important Win for Employers in California: Meal Period Waivers

For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Clark Hill PLC on

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

Seyfarth Shaw LLP on

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

Fisher Phillips

California Court Holds that Prospectively Signed Meal Period Waivers are Enforceable: 4 Steps You Can Take to Maximize Your...

Fisher Phillips on

The California Court of Appeal just handed employers a wage and hour win by ruling that meal period waivers prospectively signed by non-exempt employees are enforceable if certain criteria are met. The April 21 decision in...more

Payne & Fears

Prospective Written Meal Period Waivers Can Be Enforced in California Says the California Court of Appeal

Payne & Fears on

Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more

Venable LLP

No Fun in the Sun: Maryland Employers Brace for New Heat Stress Standard Enforcement

Venable LLP on

As the weather warms, Maryland Occupational Safety and Health (MOSH) is set to enforce its new Heat Illness Prevention Standard (the Standard). Under the Standard, Maryland employers will likely need to provide 10-minute...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

ArentFox Schiff

Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

ArentFox Schiff on

The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week....more

Parker Poe Adams & Bernstein LLP

Employer Liable for Unpaid Breaks Where Deduction Policy Was Never Clearly Explained

The Fair Labor Standards Act allows employers to provide unpaid meal breaks to non-exempt employees if those breaks are of a sufficient length and if employees are relieved of their duties during such breaks....more

Seyfarth Shaw LLP

Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers

Seyfarth Shaw LLP on

In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...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

Perkins Coie

Washington Supreme Court Denies Appeal of Meal Period Penalty Case

Perkins Coie on

In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...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

CDF Labor Law LLP on

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

FordHarrison

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

FordHarrison on

Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law....more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … California Meal and Rest Period Requirements, Revisited

Epstein Becker & Green on

In what many would consider to be an employer-friendly decision, more than a decade ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest...more

Holland & Knight LLP

Amendment to Mexico's Federal Labor Law for Workers' Rest (Ley Silla)

Holland & Knight LLP on

Mexico's Federal Official Gazette (Diario Oficial de la Federación or DOF) published the labor law for rest, Ley Silla, on Dec. 19, 2024. This amendment to the Federal Labor Law (Ley Federal del Trabajo or LFT) guarantees the...more

Constangy, Brooks, Smith & Prophete, LLP

The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime

California wage and hour law is never so confusing as during the holiday season. Beyond making sure that employees receive their paychecks on time, employers must correctly determine the “regular rate of pay" so that they can...more

Perkins Coie

Compliance Tips for Retailers During the Holiday Season

Perkins Coie on

The holiday season marks the busiest time of the year for retailers. Filled with holiday cheer, many shoppers look forward to availing themselves of ever-enticing holiday deals. To fully capitalize on the most wonderful...more

Seyfarth Shaw LLP

Court of Appeals Issues New Ruling On Penalties For Missed Breaks, New Filings Increasing

Seyfarth Shaw LLP on

On September 30, 2024, the Washington State Court of Appeals (Division I) issued a new opinion, Androckitis v. Virginia Mason Medical Center, 556 P.3d 714 (2024), addressing the appropriate penalties for an employee who...more

Parker Poe Adams & Bernstein LLP

Employees Must Be Relieved of Duties to Exclude Meal and Break Times From Pay

With the January 1 pending increase to the minimum salary required to claim exemption from the Fair Labor Standards Act’s overtime provisions, many employers are facing the need to reclassify as non-exempt workers who will...more

Lasher Holzapfel Sperry & Ebberson PLLC

2025 Washington Employment Law Update – Minimum Wage, Exempt Employees, and Noncompete Updates

Beginning on January 1, 2025, the minimum wage in Washington will go up to $16.66 per hour, up 2.35% from 2024. In addition to the statewide minimum, various cities and counties have a dizzying array of higher minimum wages...more

Perkins Coie

New Washington Ruling Endorses 30-Minute Penalty for Meal Period Violations

Perkins Coie on

In Androckitis v. Virginia Mason Medical Center, the Washington State Court of Appeals recently held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period;...more

1,117 Results
 / 
View per page
Page: of 45

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide