It is a common argument by plaintiff’s counsel in wage and hour class actions: The employer’s policy that requires the employee to remain on the company premises during 10-minute rest breaks facially violates California law. Because the employer has a facially invalid rest break policy, it is a company wide policy that is uniform, and
Recently we have been litigating and answering basic issues about employers’ obligations to provide meal and rest breaks. It has been a few years since the California Supreme Court issued its groundbreaking ruling in Brinker Restaurant Group v. Superior Court, and there is no indication that wage and hour litigation for California employers will
Recently we have been litigating and answering basic issues about employers’ obligations to provide meal and rest breaks. It has been a few years since the California Supreme Court issued its groundbreaking ruling in Brinker Restaurant Group v. Superior Court, and there is no indication that wage and hour litigation for California employers will
California employers have a lot to keep their eye on over the last few weeks. For this week’s Friday’s Five article, here is a list of five key issues California employers should know about and how these issues will likely impact their workplace:
1. New decision approves striking unmanageable PAGA claims.
The Labor Code requires that an employer who “fails to provide a meal or rest or recovery period . . . shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.” What does “regular rate
You are busy. You’re a small-business owner with a to-do list a mile long. Or maybe you’re a manager or HR professional being pulled in fifteen different directions.
Also, employment law is complex and demanding (especially in California). Even simple things like updating your handbook to address 2020 changes feels like a
Happy Friday. Here is a refresher post for today’s Friday’s Five about some requirements about 10-minute rest breaks required for non-exempt employees:
1. Timing of rest breaks
The 10-minute rest break must be provided to employees who work over three and a half hours. Employers must authorize and permit employees to take 10-minute rest breaks
In Rodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018), an employee brought a putative class action alleging that Taco Bell’s discounted meal policy effectively denied employees the ability to take a duty free meal break. At issue in this case was Taco Bell’s policy of offering a discounted meal from the
It is important for employers in California to make sure that their front-line managers dealing with employees on a day-to-day basis are knowledgeable about different employment issues that routinely come up in the employment context. This week’s Friday’s Five covers five areas that employers should review with their managers to ensure they inform the appropriate
Cheesecake Factory restaurants in Southern California were cited for $4.57 million for wage and hour violations and penalties by the Labor Commissioner earlier this week. What may come as a surprise to many is that the citation was based on alleged wage violations for employees of contractors hired by Cheesecake Factory, not its own employees.