Meal Periods and Rest Breaks

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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 a rebuttable presumption of meal period violations, including at…

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:

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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 hourly employee class members missed meal and rest

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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 statements and waiting time penalties. Hildebrandt’s lawsuit was

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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:

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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 O’Reilly’s policy documents required 10-minute rest breaks for every four…

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 issued in 2017. After filing a petition for writ of…

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 the Labor Code. After the LWDA failed to respond, Starks…

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:

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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 intended to settle or resolve Brady’s Class Claims,”…