California Employment Law Update

Category Archives: Meal Periods and Rest Breaks

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July 2021 California Employment Law Notes

We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading

Ninth Circuit Overturns $100 Million Wage-Hour Judgment Entered Against Walmart

Magadia v. Wal-Mart Assocs., Inc., 999 F.3d 668 (9th Cir. 2021) In this class action, Roderick Magadia, a former Walmart employee, alleged violations of California’s meal-break and wage-statement requirements (Cal. Lab. Code §§ 226.7 and 226(a)).  After the district court (Judge Lucy H. Koh) determined that Magadia suffered no meal-break violation, it decertified the class, but … Continue Reading

California Supreme Court Holds That Meal And Rest Break Premiums Must Include All Forms Of Remuneration (Not Just Base Hourly Rate)

On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section 226.7”) must be paid at non-exempt employees’ regular rate of pay—not merely their base hourly rate.  The decision, which … Continue Reading

March 2021 California Employment Law Notes

We invite you to review our newly-posted March 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System Supreme … Continue Reading

California Law Applies To Flight Attendants’ Wage/Hour Class Action

Bernstein v. Virgin Am., Inc., 2021 WL 686281 (9th Cir. 2021) Approximately 25% of Virgin’s flights were between airports in California, and approximately 75% of Virgin’s flight took off or landed at a non-California airport, but the vast majority of those flights retained some connection to California (i.e., arrived in or departed from an airport in … Continue Reading

Supreme Court Invalidates Rounding Time Punches For Meal Periods

Donohue v. AMN Servs., LLC, 2021 WL 728871 (Cal. S. Ct. 2021) A unanimous California Supreme Court issued its long-awaited decision in this case, answering two important questions about meal periods:  (1) Employers cannot engage in the practice of rounding time punches in the meal period context; and (2) time records showing noncompliant meal periods raise … Continue Reading

January 2021 California Employment Law Notes

We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Laid-Off Employee Was Not Discriminated Against On The Basis Of Age … Continue Reading

CAFA-Removed Case Is Remanded Based On Insufficient Amount In Controversy

Harris v. KM Indus., Inc., 980 F.3d 694 (9th Cir. 2020) KM Industrial removed from state to federal court the putative wage/hour class action under the Class Action Fairness Act (CAFA), asserting that the amount in controversy exceeded $5 million. Plaintiff’s motion to remand was based on the argument that KMI unreasonably assumed that the … Continue Reading

Statute Of Limitations Tolled By Related Class Actions

Hildebrandt v. Staples the Office Superstore, LLC, 58 Cal. App. 5th 128 (2020) Von Hildebrandt filed a putative class action against Staples asserting that he and other general managers of Staples had been misclassified as exempt from overtime and that, accordingly, they were owed compensation for unpaid overtime, missed rest and meal periods, inaccurate wage … Continue Reading

September 2020 California Employment Law Notes

We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Entitled To $17.2 Million For Wrongful Termination/Defamation “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim Tortious Interference With At-Will Contract Requires Independently Wrongful Act … Continue Reading

Trial Court Properly Refused To Certify Rest Break Class Action

Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she and other employees did not receive their rest breaks as required by state law based upon the fact that … Continue Reading

Trial Court Properly Denied Massage Parlor’s Request For Waiver Of Bond In Wage/Hour Matter

Li v. Department of Indust. Relations, 2020 WL 4814112 (Cal. Ct. App. 2020) Fushan Li, the owner of four massage parlors in Lawndale, received three citations from the Labor Commissioner for violations of the state’s wage and hour laws. Citations ordering Li to pay a total of $198,576 in unpaid wages and liquidated damages were … Continue Reading

Later-Filed, Substantially Identical PAGA Claim Was Properly Dismissed

Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020) Chad Starks gave notice to the Labor and Workforce Development Agency (LWDA) of his allegations that his employer (Vortex) had violated certain Labor Code requirements that employers pay overtime wages and provide meal and rest periods and comply with various other requirements of … Continue Reading

July 2020 California Employment Law Notes

We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down … Continue Reading

Class Action Claims Were Moot After Class Representative Settled His Individual Claims

Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws.  After several years of litigation, the district court denied Brady’s motion for class certification; Brady then settled his individual claims with AutoZone.  Although the settlement agreement stated that it was “not … Continue Reading

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to lock their doors at closing time forced nonexempt employees such as herself and those similarly situated to wait for as … Continue Reading

March 2020 California Employment Law Notes

We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading

Employee Can Sue Employer That Was Not Released In Prior Class Action

Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020) Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center. Grande was a named plaintiff in a class action prosecuted against FlexCare in which she alleged she had not received her required meal and rest … Continue Reading

January 2020 California Employment Law Notes

We invite you to review our newly-posted January 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed Employer That … Continue Reading

Trial Court Properly Denied Class Certification Of Meal/Rest Break Claims

Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by failing to provide employees with required meal and rest breaks and compelling to employees to work off the clock at Eurostar’s Warehouse … Continue Reading

November 2019 California Employment Law Notes

We invite you to review our newly-posted November 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners College Professor Was Retaliated Against For Complaining About Hostile Environment Discriminatory Failure-To-Hire Claim Must … Continue Reading

Employer Must Have Written Meal Period Agreement, Which Includes A Revocation Clause

Naranjo v. Spectrum Sec. Servs., Inc., 40 Cal. App. 5th 444 (2019) Spectrum contracts with federal agencies to take temporary custody of federal prisoners and ICE detainees who must travel offsite for medical treatment and other appointments; Spectrum’s officers provide continuous supervision until the individuals are returned to their custodial locations. Spectrum had a policy … Continue Reading

January 2019 California Employment Law Notes

We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” City Attorney Should Not Have Been Disqualified From Representing City Prevailing Employer Should Not Have … Continue Reading
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