News & Analysis as of

Rest and Meal Break

2018 Omnibus Funding Bill Keeps Government Open, Minus the Critical Joint-Employer Rider

On March 23, 2018, the last day before a potential government shutdown, Congress passed and the president is expected to sign a massive $1.3 trillion omnibus spending bill to fund the federal government through fiscal year...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Bed Time! Uber Announces Mandatory Rest Periods

by Fisher Phillips on

In a move met with near-universal praise, Uber recently announced it will now require drivers take at least six hours of time off for every 12 hours they spend driving. After announcing this decision last month, Uber rolled...more

Certainty is on the Horizon for the New York Home Care Industry

by Littler on

The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more

Live-In Issue is Headed to the Court of Appeals

by Hodgson Russ LLP on

After years of uncertainty concerning the compensation of aides who work shifts of 24 hours or more (commonly referred to as “live-in aides”), the case that started it all — Andryeyeva v. New York Health Care, Inc. — will be...more

California’s Labor & Employment Changes for 2018: Part II - Court Cases Impacting Labor & Employment Law

by Best Best & Krieger LLP on

California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more

Courts Deny Certification for Adequacy of Representation in Second Class Action

by BakerHostetler on

One of the tactics in the current plaintiffs’ wage and hour playbook is to bring a second claim after settlement of an initial class or collective action lawsuit. In these cases, the second set of claims is purportedly...more

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

by Jackson Lewis P.C. on

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

The Road To FLSA Litigation Is Often Paved With Good Intentions

by Seyfarth Shaw LLP on

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

Our Nominees for the Top 20 California Employment Law Risks

by Davis Wright Tremaine LLP on

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

Doing Business In California: A Guide For Employers

by Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its...more

Emergency Regulation Concerning Live-In Cases Lives On

by Hodgson Russ LLP on

Yesterday, the Industrial Board of Appeals dismissed a challenge brought by the Chinese Staff and Workers Association and other worker advocacy groups (collectively, the “Petitioner”) against the Commissioner of the New York...more

Ninth Circuit Seeks Guidance on Meal and Rest Periods for Ambulance Attendants

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Do ambulance drivers working twenty-four hour shifts have to be available all twenty-four hours, even when they’re eating or resting? The Ninth Circuit wants the California Supreme Court’s opinion....more

Are Arizona Employees Entitled to a Paid Lunch Break?

by Jaburg Wilk on

Many employees believe that they are entitled to a lunch break. However, the answer – and in some cases the law - differs by state. In Arizona, employees are not entitled to a lunch break or even a ten-minute break because...more

Employment News - January 2018 #2

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Don't break it – rest periods have to be uninterrupted... - Is that relevant? Disclosure of documents between employee and union...more

Settling Individual California Labor Disputes May Eliminate PAGA Claims

by Hogan Lovells on

On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more

New Jersey Now Bans Breastfeeding Discrimination

by Fisher Phillips on

New Jersey Governor Chris Christie began his final week in office by signing 40 bills into law, including an amendment to the New Jersey Law Against Discrimination that immediately bars discrimination against breastfeeding...more

New Jersey’s Law Against Discrimination Expanded To Include Breastfeeding As A Protected Class

In March 2010, the Fair Labor Standards Act was amended to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth.” Employers are...more

Are you compliant? A new year brings new laws impacting California employers

by Dentons on

In 2017, the California Legislature and Governor Jerry Brown were busy passing new laws that will impact employers across California this year. Although some took effect in 2017, most of the new laws impacting California...more

Back to the Future: California Employment Bills Likely to Resurface in 2018

by Littler on

As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more

Construction In Brief: 2017 Volume 4

The Buy American Act: Are You Compliant? - The federal government has a long-standing pref­erence for incorporating domestic materials and products into public construction projects. While a number of statutes and...more

A Step-By-Step Guide To Defeating Class Certification In California

by Fisher Phillips on

As any experienced class action litigator knows, the main issue driving the direction of a case is not always the merits of the claims themselves. Instead, the central question is often whether the claims can be certified as...more

Labor Commissioner Issues New Guidance On Breaks

The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding...more

Another Federal Court Holds Home Health Aides in NY are NOT Necessarily Entitled to Pay for Every Hour of a 24-Hour Shift, but...

by Littler on

A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for...more

DLSE Issues New Guidance On Rest Breaks – Is Your Handbook Up To Date?

by Weintraub Tobin on

The Division of Labor Standards Enforcement (“DLSE”) recently issued updated guidance regarding rest breaks that reverses its previous position, which permitted employers to require that employees stay on work premises during...more

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