California Employment Law Update

Tag Archives: meal period

September 2018 California Employment Law Notes

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

Taco Bell Did Not Deny Meal Breaks By Providing Employee Discounts For Meals Eaten On Premises

Rodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018) In this putative class action, employees challenged a special offer that Taco Bell provided to its employees:  They could receive discounted meals and complimentary soft drinks so long as they ate the discounted meals on the premises of the restaurant.  On behalf of the … Continue Reading

Staffing Company Was Not Liable For Failure To Provide Meal Periods

Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018) Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged … Continue Reading

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of their two meal periods. . . . in a written agreement that … Continue Reading

Two One-Hour Premium Payments May Be Owed Per Day For Missed Meal And Rest Periods

United Parcel Serv., Inc. v. Superior Court, 192 Cal. App. 4th 1043 (2011) Pursuant to Labor Code § 226.7(b), “[i]f an employer fails to provide an employee a meal period or rest period… the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day … Continue Reading

Class Action Should Have Been Certified As To Claims For Overtime, But Not Meal And Rest Periods

Faulkinbury v. Boyd & Assocs., Inc., 185 Cal. App. 4th 1363 (2010) Plaintiffs sought to represent and certify a class of 4,000 current and former employees of Boyd & Associates, which provides security guard services throughout Southern California. Plaintiffs alleged that Boyd denied the putative class members off-duty meal periods and rest breaks and that … Continue Reading

Claims For Unpaid Meal Periods And Inaccurate Paystubs Were Properly Dismissed

Brinkley v. Public Storage, Inc., 167 Cal. App. 4th 1278 (2008) Fred Brinkley, a property manager for Public Storage, asserted class action and individual claims for violations of Labor Code § 226 (requiring accuracy of paystubs) and § 226.7 (meal and rest period requirements). The trial court granted summary adjudication in favor of the employer … Continue Reading

Employer Need Only Provide, Not Ensure, Meal And Rest Periods

Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 25 (2008) In this case, the Court of Appeal decided a number important issues concerning employee class action claims for alleged rest break violations, meal period and “early lunching” violations and off-the-clock/“time shaving” violations. The Court of Appeal determined the claims were not amenable to … Continue Reading

Claim For Unpaid Meal Periods Is Subject To Three-Year Statute Of Limitations

Murphy v. Kenneth Cole Productions, Inc., 2007 WL 1111233 (Cal. S. Ct. 2007) Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed … Continue Reading

Manager Was Non-Exempt, And Meal/Rest Break Claims Were Subject To One Year Statute Of Limitations

Murphy v. Kenneth Cole Productions, Inc., 134 Cal. App. 4th 728 (2005) Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed a … Continue Reading

Class Action For Violation Of Rules Regarding Meal And Rest Breaks, Wage Statements Was Improperly Dismissed

Cicairos v. Summit Logistics, Inc., 133 Cal. App. 4th 949 (2005) In this case, five truck drivers/members of the Teamsters Union, sued their former employer for violations of the Labor Code and the Industrial Welfare Commission orders relating to meal periods, rest breaks and itemized wage statements. The trial court dismissed the action based on … Continue Reading

Unionized Employees’ Claims For Unpaid Meal Periods And Rest Breaks Were Not Preempted By Federal Law

Valles v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005) David Valles and John Breslin sued their employer, the Ivy Hill Corporation, for failing to provide them and other unionized employees with adequate meal periods and rest breaks in violation of the California Labor Code and the applicable wage regulations. In response to the … Continue Reading
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