News & Analysis as of

Rest and Meal Break Rebuttable Presumptions

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...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

Fisher Phillips

Recent California Supreme Court Case Offers Meal Period Guidance

Fisher Phillips on

The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair.  Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more

CDF Labor Law LLP

California Supreme Court Ends Rounding of Meal and Rest Periods

CDF Labor Law LLP on

On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique.  Donohue v. AMN...more

FordHarrison

New California Supreme Court Decision Disallows the Use of Rounding Time Punches for Employee Meal Periods

FordHarrison on

On Thursday, February 25, 2021, the California Supreme Court in Kennedy Donohue v. AMN Services, LLC, effectively ended the usage of time-punch rounding policies in the context of employee meal periods. This decision will...more

Morgan Lewis

California Supreme Court Prohibits Meal Break Rounding and Creates Violation Presumption

Morgan Lewis on

In light of the recent ruling, employers in California should be aware of the risks involved in using rounded time to determine whether an employee took a late or short meal break. ...more

Holland & Knight LLP

California Supreme Court Rejects Rounding of Timekeeping for Tracking Meal Periods

Holland & Knight LLP on

If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more

Payne & Fears

California Supreme Court Rejects Use of Rounding Policies for Meal Periods

Payne & Fears on

Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more

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