California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Meal and Rest Breaks

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California Supreme Court closes out 2016 with monumental ruling on employer’s obligations to provide rest periods

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Wage & Hour Law
Woman restingIn Augustus v. ABM Security Services, Inc., the California Supreme Court issued a ruling on employer’s obligations to permit employees to take “off-duty” rest periods.  The Court’s ruling ends 2016 with a major ruling on issues surrounding rest periods under California law. The plaintiffs worked as security guards for defendant ABM.  The employer required to… Continue Reading

DOL overtime rules changes: five checklist items for CA employers reclassifying employees

Posted in Best Practices For California Employers, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
The DOL’s change in the federal overtime rules requiring a higher salary threshold ($47,476 paid annually) for employees to qualify as an exempt employee takes effect December 1, 2016.  This Friday’s Five discusses five final checklist items California employers should consider when reclassifying from exempt employees to nonexempt employees. 1. The DOL rule changes are… Continue Reading

Seminar: Top employment law issues facing California restaurants

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law
I wanted to share an opportunity for readers to attend my seminar conducted by the Restaurant Advisory Group on September 13, 2016.  The topics I’ll cover include the top five pitfalls facing California employers and how to comply with the new minimum wage increases taking effect at the local levels throughout Southern California.  The cost… Continue Reading

Five myths about California employment law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
Golden Gate BridgeThis week’s Friday’s Five covers five misconceptions about California employment law that can land employers in a lot of hot water: Meal and rest breaks seem so trivial. The topic for the uneducated (or out of state) employer does seem trivial.  However, with the penalty owed to employees of one hour of pay for each… Continue Reading

Friday’s Five: Five reminders about rest breaks under CA law

Posted in Best Practices For California Employers, Meal and Rest Breaks, Wage & Hour Law
Coffee BreakFriday is here already?  Today’s post is a review for many experienced operators in California, but surprisingly I’ve been getting a lot of questions about 10-minute rest breaks recently by a lot of employers.  So I thought I would have a refresher post for today’s Friday’s Five about some requirements about 10-minute rest breaks under California… Continue Reading

Employment law mid-year update and mixer

Posted in About the California Employment Law Report, Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law, Wrongful Termination
Join me for a seminar for a mid-year update on California employment law issues.  Learn how to keep your company compliant with new developments in California.  Topics will include: Top five pitfalls facing California employers in 2016 How to prepare for the Department of Labor’s changes to the overtime rules going into effect on December… Continue Reading

Five action items to start 2016 off right

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Resources, Wage & Hour Law
I cannot believe it is already Friday, and one week done in 2016.  This Friday’s Five focuses on a few action items for employers can use to start a review of their employment policies for 2016.  1.      Ensure the new hire packets contain all required information for employees.  If employers do not have a standard… Continue Reading

Five videos all California employers should watch for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Happy New Year!  This Friday’s Five consists of five new video’s taken from a recent presentation I conducted on new employment laws facing California employers in 2016.  Wishing everyone the best in 2016. 2016 Update: California’s new equal pay protections: 2016 Update: Meal and rest break considerations: 2016 Update: Minimum wage increases state and locally:… Continue Reading

Friday’s Five: Five employment law areas to review for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
As we approach the close of 2015, employers should take the time to review their employment law policies and practices.  I’m often asked where should the process start?  Here are five areas employers can focus on to start the audit process: 1.      Employee handbooks Employers need to ensure their policies are up to date, and… Continue Reading

Friday’s Five: Five Employment Law Considerations For 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015.  As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016.  I will also discuss new case… Continue Reading

Friday’s Five? The eleven factor test to determine if training time is compensable under California law

Posted in Best Practices For California Employers, Employee Handbooks, Expense Reimbursement, Meal and Rest Breaks, Wage & Hour Law
Employers that utilize interns, or who provide training to individuals that may lead to employment run the risk of having these individuals qualify as an employee, which would require the employer to comply with Labor Code requirements such as minimum wage, meal and rest breaks, and overtime pay.  The analysis is very difficult, and fact… Continue Reading

Friday’s Five: Issues That Should Be On Every Employer’s Radar

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
Speaking with some clients, I sense their overwhelming confusion in setting up employment policies in California. While it can be a daunting task, I remind them that the key is to approach it in a systematic process, and once the system is in place, compliance can be very easy. While there are many issues employers… Continue Reading

Five most targeted industries for government wage and hour audits

Posted in Best Practices For California Employers, Employee Handbooks, Meal and Rest Breaks, Wage & Hour Law
Is your company in an industry that is likely to be targeted by the Department of Labor (DOL) for FLSA violations, or by the California Labor Commissioner for California Labor Code violations? A review of the Department of Labor’s Wage and Hour statistics for fiscal year 2014, in connection with California’s Division of Labor Standards… Continue Reading

Five New Year’s resolutions for California employers in 2015

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Wage & Hour Law
Happy New Year.  I started the Friday’s Five articles at the beginning of last summer, and the interest in the articles has been astounding, so I appreciate everyone who has read them and provided comments and feedback. If you have any topics you would like me to address, please let me know. With that said,… Continue Reading

Top five employment law class action claims for California employers in 2014

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Technology & Law, Wage & Hour Law
Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.… Continue Reading

Five lessons for employers from new meal break decision: In re Walgreen Co. Cases

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases
An appellate court upheld a trial court’s denial of class certification in a case brought against Walgreens. The appellate court’s decision provides a few good lessons for employers defending class action allegations. 1. Meal break cases are harder to certify as class actions after the Brinker decision. The California Supreme Court held in Brinker Restaurant… Continue Reading

Are on-duty meal periods valid in California?

Posted in Class Actions, Meal and Rest Breaks, Wage & Hour Law
As many California employers know, ignoring or failing to comply with the requirements of providing meal and rest breaks in California can create huge liability for companies. California law does allow for “on-duty” meal periods, whereby the employee takes a meal break, but while still working. Employers sometimes view this exception as an easy alternative… Continue Reading

Post-Brinker Decision Upholds Denial Of Class Certification: Muldrow v. Surrex Solutions Corp.

Posted in Class Actions, Meal and Rest Breaks, New Cases, Wage & Hour Law
In Muldrow v. Surrex Solutions Corp., the California Court of Appeal upheld a trial court’s determination that the plaintiffs could not maintain a class action for proposed meal period class given the holding by the California Supreme Court in Brinker v. Superior Court (click here for additional information on the Brinker ruling). The appellate court… Continue Reading

Meal and Rest Break Compliance After Brinker v. Superior Court

Posted in Best Practices For California Employers, Employee Handbooks, Meal and Rest Breaks, New Cases, Wage & Hour Law
Have you attended webinars and read new legal updates on the new Brinker decision and still uncertain on how this applies to your company? Realizing that employers need to take a more active step in ensuring they are in compliance with the new decision, I’ve developed a package that actually assists employers in drafting and… Continue Reading

When Do Employers Have To Offer Meal And Rest Breaks? Analysis Of Brinker Corp. v. Superior Court

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Wage & Hour Law
  It has been a week now since the California Supreme Court issued its decision in Brinker Restaurant Corp. v. Superior Court. I’ve been getting a lot of questions, and have spoken on the topic a few times, and thought a couple of charts illustrating the Court’s holding would assist in understanding the decision. For a more… Continue Reading

Brinker: California Supreme Court Clarifies Meal And Rest Break Requirements

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases, Wage & Hour Law
Brinker Restaurant Corp. v. Superior Court (Hohnbaum) was finally decided by the California Supreme Court. The decision was anxiously awaited by many due to its clarifications of California employment laws regarding the duties employers have regarding offering meal and rest breaks, and when the breaks need to be taken.  The primary holding of the case… Continue Reading

Brinker v. Superior Court Decision To Be Published Tomorrow

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases, Wage & Hour Law
The California Supreme Court announced today that the opinion in Brinker v. Superior Court (Hohnbaum) will be published tomorrow at 10:00 a.m. The opinion will address many issues surrounding meal and rest break requirements under the California Labor Code, such as whether employers need to ensure or simply provide meal breaks, and when breaks should… Continue Reading

Webinar – The Impact of Brinker: Understanding The Supreme Court’s Decision On Meal & Rest Breaks

Posted in About the California Employment Law Report, Best Practices For California Employers, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Wage & Hour Law
Be among the first in California to understand the complete impact the monumental decision in Brinker v. Superior Court will have on employers. The Court’s decision is expected on April 12, and Anthony Zaller and Daniel Turner will analyze and discuss the impact of the decision. The webinar will explain the decision and what it… Continue Reading
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