We have previously discussed on this page how rounding practices can be problematic. Now, in Donohue v. AMN Services, LLC, the California Supreme Court has provided yet another reason for employers in California to review their time rounding practices, as well as their meal period practices.
As we previously discussed, more than
By Kara Maciel and Aaron Olsen
After five years of litigation, a Los Angeles Superior Court has denied class certification of a class action against Joe’s Crab Shack Restaurants on claims that it managers were misclassified as exempt and denied meal and rest periods in violation of California law. The court found that the plaintiffs
By Michael Kun
Yesterday, only weeks after its long-awaited Brinker v. Superior Court decision, the California Supreme Court issued another important ruling on California meal and rest period laws.
In Kirby v. Immoos Fire Protection, Inc., the Supreme Court ruled that neither party may recover attorney’s fees on claims involving meal and rest
By: Michael Kun
This morning, the California Supreme Court has just issued its long-awaited decision in the Brinker case regarding meal and period requirements. It is largely, but not entirely, a victory for employers. A copy of the decision is here.
A few highlights of the decision:
On rest periods, the Court confirmed
By Michael Kun
It appears that oral argument before the California Supreme Court in Brinker Restaurant Corp. v. Superior Court will be broadcast live on-line on the California Channel on November 8, 2011 at 9 a.m. While it is unlikely this will inspire families to gather around their computers as they gathered around their radios
By Michael Kun
Some were beginning to wonder whether it would ever happen. After more than two years, the California Supreme Court has announced a hearing date in the much-awaited Brinker v. Superior Court case — November 8, 2011.
Unless the Court takes a detour, California employers should finally know the answer to a question
By Rhea G. Mariano and Betsy Johnson
The issue of whether California law requires employers to ensure that employees take meal periods or to merely make meal periods available is hotly contested and regularly litigated. The issue is currently before the California Supreme Court in Brinker Restaurant v. Superior Court (review granted Oct. 22, 2008 (
Employers with operations in California continue to await a ruling from the California Supreme Court on the question of whether employers must “ensure” that meal and rest breaks are taken, or merely make them “available.”
Continue Reading New Chipotle Decision Holds That California Employers Need Only Make Meal And Rest Breaks Available
The healthcare industry continues to be the main target in the onslaught of wage and hour claims asserting violations of unpaid overtime and missed meal periods. These claims often result in millions of dollars being paid out to settle lawsuits and government investigations.
Continue Reading Hospitals and Nursing Homes Are Focus of the Department of Labor over Wage Violations