Rest and Meal Break, Predominance Requirement

Feltzs Offers First Glimpse at How Federal Courts May Apply Wesson

Akin Gump Strauss Hauer & Feld LLP on 12/2/2021

Earlier this year, in Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021), the California Court of Appeals held that courts are empowered to limit or strike representative claims under the Private...more

In-flight Meal Periods For Security Officers Were Not Compensable, Fifth Circuit Holds

Jackson Lewis P.C. on 7/9/2021

A security company did not violate the Fair Labor Standards Act (FLSA) when, under its meal-period policy, it automatically deducted an hour of pay from its security officers on certain flights, the Fifth Circuit Court of...more

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/23/2020

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

Massachusetts Superior Court Holds That Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/16/2017

In a decision that could spell trouble for Massachusetts employers, a judge in the Superior Court’s Business Litigation Session recently held that meal breaks count as “compensable working time,” for which employees must be...more

The Third Circuit Adopts Predominant Benefit Test For Meal Periods, Leaving The Ninth Circuit As The Sole Holdout

Epstein Becker & Green on 12/10/2015

The Third Circuit Court of Appeals recently joined the chorus of Circuits adopting the pro-employer “predominant benefit test” when weighing the compensability of meal periods under the Fair Labor Standards Act (“FLSA”). As...more

Third Circuit Adopts New Test for Determining Whether Meal Breaks Are Compensable

Genova Burns LLC on 12/2/2015

On November 24, 2015, a divided U.S. Court of Appeals for the Third Circuit found that the “predominant benefit” test should be applied when determining whether mealtime breaks constitute compensable time under the Fair Labor...more

Rest and Meal Break › Predominance Requirement