News & Analysis as of

Wage and Hour Rest and Meal Break State and Local Government

Perkins Coie

Washington Supreme Court Denies Appeal of Meal Period Penalty Case

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In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...more

Seyfarth Shaw LLP

California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more

Proskauer - California Employment Law

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more

Perkins Coie

Wage and Hour Compliance: Meal and Rest Breaks

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This blog series addresses common employment-related issues for cannabis industry professionals. This post addresses meal and rest break requirements manufacturers and retailers of cannabis products should consider to...more

McDermott Will & Emery

California Supreme Court Clarifies Missed-Break Premiums Penalties

McDermott Will & Emery on

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more

Perkins Coie

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

Perkins Coie on

The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds Meal Period Premiums Are “Wages” and May Trigger Wage Statement and Waiting Time Penalties

On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., P.3d (2022), the California Supreme Court issued an important wage-and-hour decision.  In Naranjo, the Court held that meal break premiums that an employer pays...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

Buchalter

Naranjo v. Spectrum Security Services, Inc.: The California Supreme Court Determines that Meal and Rest Premiums are Wages and...

Buchalter on

On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately...more

Fox Rothschild LLP

Doing Business in California, a Totally Helpful (and Free) Resource for You!

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Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how...more

Fox Rothschild LLP

New California Wage & Hour Laws for 2022

Fox Rothschild LLP on

The close of the 2021 California legislative session brings forth a series of new wage and hour laws that impact employers and take effect on January 1, 2022. Assembly Bill (AB) 286 addresses food delivery, including...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Announces New Standard That Meal and Rest Period Premiums Must Be Paid at Same “Regular Rate of Pay” Used...

On July 15, 2021, the California Supreme Court issued a decision in Ferra v. Loews Hollywood Hotel, LLC which was long-awaited but was ultimately highly disappointing to employers. In sum, the Court held that when...more

Constangy, Brooks, Smith & Prophete, LLP

California Employment Roundup: Q1 2021

Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of...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

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

Fox Rothschild LLP

Federal Court Holds That New Jersey Wage Hour Law Is More Favorable To Employees On Security Check Compensability Than The FLSA

Fox Rothschild LLP on

There have been many cases brought recently focusing on the compensability of security checks and in these days of temperature checking for COVID, we expect to see many more. Some of these cases have gone for the employer...more

Littler

Philadelphia Expands Employment Protections for Domestic Workers

Littler on

Effective May 1, 2020, Philadelphia became the tenth jurisdiction to enact employment legislation to protect domestic workers. The Philadelphia Domestic Worker Bill of Rights (DWBR) requires companies and individuals who...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

Seyfarth Shaw LLP on

Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Akerman LLP - HR Defense

Rocky Mountain Employers: Brace for Sweeping Changes to Compensation and Minimum Wage Laws

Employers operating in the Rocky Mountain region need to pay close attention to the 2020 Administrative Order issued by the Colorado Department of Labor and Employment (CDLE) mandating broad changes to employee compensation...more

Littler

Significant Changes to Colorado Regulations on Wages and Working Conditions for Private Employers Take Effect March 16

Littler on

Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay...more

Littler

Littler Lightbulb: What’s New in Colorado?

Littler on

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

Rockier Time For Many Employers In Colorado Who Will Soon Be Subject To Daily Overtime and Break Rules and Different White-Collar...

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Seyfarth Synposis: As of March 16, 2020, Colorado’s daily overtime and meal and rest break requirements for non-exempt employees, as well as its different duties and salary level requirements for exempt employees, will apply...more

Ballard Spahr LLP

Colorado’s Sweeping New Overtime and Minimum Pay Provisions Take Effect March 16

Ballard Spahr LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

Hogan Lovells on

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

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