News & Analysis as of

Rest and Meal Break

Ward and Smith, P.A.

Time is Money . . . Unless It's Not: U.S. Department of Labor Clarifies Compensable Work Time

by Ward and Smith, P.A. on

In case you haven't noticed, the U.S. Department of Labor (DOL) has been busy. After not issuing any opinion letters since 2009 during the Obama administration, the Wage and Hour Division ("WHD") of the DOL has issued 23...more

BakerHostetler

California Court of Appeals Affirms Employer Class Action Wage and Hour Win at Trial

by BakerHostetler on

Employer Performance-Based Rate Scheme for Automobile Repair Upheld Under California Law - With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs’ counsel...more

Littler

Littler Global Guide - United Kingdom - Q3 2018

by Littler on

The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more

Fisher Phillips

Perseverance Pays Off For Employer In Class Action Litigation

by Fisher Phillips on

A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite several pretrial rulings in plaintiffs’ favor, an employer that is willing to take a wage and hour...more

Littler

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

by Littler on

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more

Fisher Phillips

Appeasing The 3-Headed Monster For Incentive-Paid Employees

by Fisher Phillips on

Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

by Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Seyfarth Shaw LLP

CA Legislative Update: Governor Brown’s Job Is Done

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California Legislators sent Governor Jerry Brown 1,217 bills to consider in his final bill-signing period as Governor—more than any California governor has seen since 2004. The final tally: 1016 signed, 201...more

Littler

California’s Newest Laws: It’s Shocktober for Employers!

by Littler on

The September 30, 2018 deadline has come and gone for Governor Jerry Brown to evaluate the bills passed by the California legislature this year. In his last hurrah, Governor Brown has signed into law a jaw-dropping number of...more

Littler

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding "13-Hour Rule" for Home Care Industry

by Littler on

The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more

Hodgson Russ LLP

NYS Court Invalidates Rule Allowing Agencies to Pay 13 Hours for 24-Hour Shifts

by Hodgson Russ LLP on

On September 26, 2018, a New York State Supreme Court Judge ruled that the New York Department of Labor (“DOL”) Emergency Regulation WHICH permitted 24 hour live-in workers to receive 13 hours of pay for 24-hour shifts...more

Hinshaw & Culbertson LLP

Illinois Quietly Amends its Nursing Mothers in the Workplace Act to Require Paid Breaks to Nursing Mothers

by Hinshaw & Culbertson LLP on

The Illinois Nursing Mothers in the Workplace Act was recently (and quietly) amended last month. There are two significant changes. 1. Employers must provide paid leave for women to express milk once their unpaid break and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Material Transportation/California Meal/Rest Break Requirements: U.S. Pipeline and Hazardous Materials Safety...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) granted a Petition submitted by the National Tank Truck Carriers Association requesting that the State of...more

Fisher Phillips

Governor Signs Legislation to Provide Post-Augustus Rest Period Relief to Unionized Petroleum Facility Employees

by Fisher Phillips on

On September 20, Governor Brown signed AB 2605, which provides that petroleum facility employees in safety-sensitive positions and are covered by a valid collective bargaining agreement are exempt from the requirement that...more

Seyfarth Shaw LLP

Legislative Update: Employment Bills Already Signed, Two Weeks Remain

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown has already signed into law legislation covering meal period exceptions for truck drivers delivering commercial feed, adding communications to be considered as “privileged” for purposes...more

Pessin Katz Law, P.A.

Are Employee Breaks Compensable?

by Pessin Katz Law, P.A. on

The United States Department of Labor (DOL) recently issued an opinion letter determining whether non-exempt employees’ 15-minute rest breaks were compensable time under the Fair Labor Standards Act (FLSA). The employees at...more

Laner Muchin, Ltd.

New Illinois Law Expands The Rights of Nursing Mothers In The Workplace

by Laner Muchin, Ltd. on

Effective August 21, 2018, Illinois Public Act 100-1003 expanded the protections under the Nursing Mothers in the Workplace Act (Act) for employees needing to express breast milk in the workplace....more

Miller & Martin PLLC

Fun New FMLA Facts from the DOL

by Miller & Martin PLLC on

The Wage and Hour Division of the Department of Labor (DOL) had taken a break for the past 9 years from issuing Opinion Letters. These Letters are not binding/do not have the effect of law, but can be beneficial to employers...more

Proskauer - Law and the Workplace

Illinois Expands Workplace Protections for Breastfeeding Employees

Governor Bruce Rauner has signed into law a bill that expands protections for employees needing to express breast milk in the workplace. The law amends the preexisting Nursing Mothers in the Workplace Act (the “Act”) in...more

Littler

Seattle Passes Ordinance to Expand Employment Rights to Domestic Workers

by Littler on

On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance (“the DWO”). Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle. ...more

Lewitt Hackman

FRANCHISOR 101: Run for the Border(line) Wage Claim

by Lewitt Hackman on

The Ninth Circuit Court of Appeals upheld summary judgment in favor of Taco Bell on class claims that employees should be paid under California law for time spent on company premises eating employer-discounted meals during...more

BakerHostetler

California Meal Period Claim Done In by Collective Bargaining Agreement

by BakerHostetler on

While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective bargaining agreements can both affect and be fatal to wage and hour...more

Seyfarth Shaw LLP

Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A collective bargaining agreement, to permissibly waive a negotiable statutory right, must do so in a clear and unmistakable manner, by mentioning either the statutory protection being waived or the statute...more

U.S. Equal Employment Opportunity Commission...

Home Depot to Pay $100,000 To Settle EEOC Disability Discrimination Lawsuit

Home Improvement Retailer Fired Employee Who Required Disability-Related Emergency Break, Federal Agency Charged - CHICAGO -- Home Depot, the large national home improvement retailer, has agreed to pay a former employee...more

Fisher Phillips

The Heat Is On: OSHA Petitioned to Require Breaks to Alleviate Heat Stressat Work

by Fisher Phillips on

It’s August, and it’s hot outside. Even Congress, which has a high tolerance for hot air, is taking a month’s long recess to avoid the hot and humid DC swamp. This has not stopped the lobbying process, however, as Public...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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