News & Analysis as of

Rest and Meal Break Labor Regulations

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

ArentFox Schiff

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

ArentFox Schiff on

In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...more

CDF Labor Law LLP

Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

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Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules...more

Proskauer Rose LLP

10 Developments That Shaped Employment Law In 2021

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2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...more

Proskauer - California Employment Law

California Employment Law Notes - September 2021

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Cooley LLP

Alert: California Supreme Court Concludes Calculation of Meal and Rest Period Premiums Based on ‘Regular Rate’

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Under California law, nonexempt employees are entitled to certain meal and rest periods during the workday. Pursuant to California Labor Code Section 226.7, an employer who fails to provide meal or rest periods must provide...more

Manatt, Phelps & Phillips, LLP

Premium Payments Calculated Like Overtime, California Supreme Court Says—and Retroactively

California employers must include nondiscretionary payments made to employees when making premium payments for missing meal or rest periods, the state’s highest court has ruled in a decision with retroactive application....more

Stinson LLP

California Supreme Court Expands "Regular Rate of Compensation" for Missed Breaks

Stinson LLP on

If you have employees in California, it is time to review how you pay them for missed meal and rest breaks. The California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC, will change the way many companies...more

Jones Day

California Supreme Court Concludes "Regular Rate of Pay" Applies When Calculating Meal and Rest Period Penalties

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The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more

CDF Labor Law LLP

CA Supreme Court Interprets Break Premium Pay Requirement To Give Employees Higher Pay

CDF Labor Law LLP on

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour...more

McDermott Will & Emery

California Employers Must Pay Meal & Rest Break Premiums at a Higher Rate

McDermott Will & Emery on

On July 15, 2021, the Supreme Court of California issued a long-awaited decision in Ferra v. Loews Hollywood Hotel, LLC. The Court reversed the trial and appellate court holdings and concluded that California employers must...more

Akerman LLP - HR Defense

The Cost of Meal and Rest Break Violations Just Went Up for California Employers

California employers finally have clearer guidance on the implications of failing to comply with California’s meal and rest break requirements under the Labor Code. Most businesses in California are familiar with meal and...more

Littler

Did Your Business Pay Break Premiums AND Bonuses? California Has A Penalty For That, Too

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In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court rejected the longstanding view that meal and rest break premiums are paid at the employee’s base rate, rather than at the more complicated regular rate of...more

FordHarrison

California Supreme Court Requires Employers to Pay Meal and Rest Period Premiums at the Regular Rate of Pay

FordHarrison on

On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not...more

Morgan Lewis

Puerto Rico House Seeks to Undo Sections of the 2017 Labor Reform

Morgan Lewis on

The Puerto Rico House of Representatives has introduced House Bill 3, which seeks to amend and repeal certain sections of the Labor Transformation and Flexibility Act of 2017, also known as the 2017 Puerto Rico Labor Reform....more

Ervin Cohen & Jessup LLP

California Supreme Court Signals the End for Rounding Meal Break Time

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

Akerman LLP - HR Defense

California Employers May No Longer Round Time for Meal Periods

California employers may not apply time-rounding procedures to meal period time entries, based on a recent California Supreme Court decision. ...more

FordHarrison

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

FordHarrison on

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more

Polsinelli

California Supreme Court Disapproves of Rounding Meal Periods

Polsinelli on

On February 25, 2021, in In Donohue v. AMN Services, LLC (2021) San Diego Superior Court, Case No. 37-2014-00012605-CU-OE-CTL, the California Supreme Court weighed in on two important issues pertaining to meal periods. ...more

CDF Labor Law LLP

Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules

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The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more

Seyfarth Shaw LLP

Washington’s Increased Minimum Wage Will Bump Washington’s Salary Threshold for Exempt Employees Above Federal Requirements on...

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Seyfarth Synopsis: On January 1, 2021, Washington’s minimum wage will increase and will trigger the first in a series of increased salary thresholds for exempt employees, which will continue through 2028.  These upcoming...more

Bricker Graydon LLP

[Webinar] New Developments and FAQs in Wage and Hour Law - November 17th, 12:00 pm - 1:00 pm EST

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Bricker & Eckler’s annual “Hot Topics” seminar is going virtual this year! This series provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. We...more

Littler

Littler Lightbulb: What’s New in Colorado?

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Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #2

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In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more

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