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
Brinker v. Superior Court Decision To Be Published Tomorrow
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
Webinar – The Impact of Brinker: Understanding The Supreme Court’s Decision On Meal & Rest Breaks
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
The Enforceability of Class Action Waivers In The Employment Context
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose
Can Employees Agree To Waive Berman Hearings In Arbitration Agreements?
I’ve recently written a series of posts regarding the Berman hearing process available for employees to resolve wage disputes before the Labor Commissioner. See previous posts: Overview Of Berman Hearings Before The Labor Commissioner and How To Prepare For a Berman Hearing. But can an employer have an employee sign an arbitration agreement in which the
Webinar: New Laws Facing California Employers In 2012
Governor Brown signed a number of new employment laws that take effect in January 2012. During this webinar, we will cover the new obligations facing employers under these recently enacted employment laws as well as the proper steps employers should take to comply with them. The discussion will also cover the recent oral argument
Oral Arguments In Brinker Restaurant Corp. v. Superior Court
What can I say, technology is awesome. The oral arguments in Brinker v. Superior Court that took place on November 8 are already on Youtube:
https://youtube.com/watch?v=IJBnSaUt0_M%3Frel%3D0
The Supreme Court has 90 days from oral argument to issue its decision.
California Supreme Court Likely to Issue Ruling in Brinker Restaurant v. Superior Court Soon
Today, the California Supreme Court set oral argument in Brinker Restaurant v. Superior Court (Hohnbaum) to take place on November 8, 2011. The Court typically provides a ruling on cases within 90 days of oral argument, so I expect a ruling very early in 2012.
This case is the much anticipated ruling on whether employers
California Employment Law Podcast – AT&T Mobility v. Concepcion Decision On Class Action Waivers And Arbitration Agreements
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Employees Entitled Up To Two Hours Of Premium Pay For Missed Meal and Rest Breaks Per Day – UPS v. Superior Court
California Labor Code section 226.7 provides that employees are entitled to receive premium payment in the form of one additional hour of pay at the employee’s regular rate of pay for a missed meal or rest break. As the appellate court admitted in UPS v. Superior Court, this Labor Code provision is amenable to