News & Analysis as of

Rest and Meal Break Labor Law Violations

Perkins Coie

New Washington Ruling Endorses 30-Minute Penalty for Meal Period Violations

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In Androckitis v. Virginia Mason Medical Center, the Washington State Court of Appeals recently held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period;...more

CDF Labor Law LLP

Supreme Court Holds that Public Entities Are Not Subject to PAGA and Various Labor Code Violations

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On August 15, 2024, the California Supreme Court issued a momentous unanimous decision in Stone v. Alameda Health System (“Stone”), concluding that public employers are exempt from various Labor Code provisions and PAGA...more

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

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On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Finds Good Faith Defense For Employers

When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties? Taking its second look at the case, the California Supreme Court ruled that an...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Rules on 'Hours Worked'

The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more

ArentFox Schiff

In a Rare Win for Employers, the California Supreme Court Holds That Wage Statement Penalties Are Not Available if an Employer...

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In Naranjo v. Spectrum Security Services, Inc., Case No. S279397 (May 6, 2024), the California Supreme Court held that if an employer reasonably and in good faith believed it was providing a complete and accurate wage...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

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Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Davis Wright Tremaine LLP

California Supreme Court: Employees Are Not Entitled to Wage Statement Penalties When Employer Acted in Good Faith

Earlier this week, a unanimous California Supreme Court held that employers have a viable good faith defense to claims for statutory penalties arising out of wage statement violations. The Court's decision, in Naranjo v....more

Payne & Fears

Employers Have a Good Faith Defense to Statutory Penalties for Wage Statement Violations

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The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe....more

Manatt, Phelps & Phillips, LLP

CA Supreme Court Grants Employers Relief on Wage Statement Penalties Under Labor Code Section 226

On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Seyfarth Shaw LLP

Washington Healthcare Company Ordered to Pay Workers Almost $100M for Missed Meal Breaks, Unpaid Time

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Last week, a Washington healthcare company was ordered to pay 33,000 workers $98.3 million in damages in a class action related to its meal break and timeclock rounding practices. The vast majority of the awarded damages...more

Foley & Lardner LLP

California Supreme Court Limits Manageability Defense to PAGA Claims

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On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as...more

Morgan Lewis

California Supreme Court: Trial Courts Lack Authority to Strike or Dismiss PAGA Claims on Manageability Grounds

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In Estrada v. Royalty Carpet Mills Inc., a unanimous decision by the California Supreme Court resolves a split between California courts of appeal by ruling that a trial court does not have inherent authority to strike PAGA...more

Littler

California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds

Littler on

On January 18, 2024, the California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the Private Attorneys General Act of 2004 (PAGA) on manageability grounds. The...more

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update And Best Practices for California Employers - August 22nd, 10:00 am - 11:15 am PT

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CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights and updates on California wage and hour laws, as well as essential best practices for employers to ensure compliance and minimize...more

Weintraub Tobin

California Employment News: The Basics of Pay Exemptions

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Certain employees can be exempt from overtime pay and meal and rest breaks under both the FLSA and California Labor Law. Meagan Bainbridge and Lukas Clary break down the basics of pay exemptions in part 1 of this 4-part...more

Cozen O'Connor

Busted! Dave & Buster’s Pays Up for Alleged Labor Violations

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Massachusetts AG Andrea Campbell settled with Dave & Buster’s of Massachusetts, Inc. to resolve allegations that the company violated the Commonwealth’s labor laws relating to meal breaks and child labor....more

Manatt, Phelps & Phillips, LLP

California Appellate Panel Defines ‘Willful’ Wage Nonpayment and ‘Good Faith Dispute’

A California appellate panel has weighed in on premium pay in a decision on remand from the state’s highest court, with an employer-friendly result....more

Payne & Fears

California Court of Appeal Calls Time Rounding Into Question

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The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more

Haight Brown & Bonesteel LLP

Employer’s Inconsistent Application of Written Rest Break Policies Will Not Create Predominance of Individual Inquiries in Class...

On June 17, 2022, the California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Meza v. Pacific Bell Telephone Company (B317119, June 17, 2022) __ Cal.App.5th ___. In this...more

Manatt, Phelps & Phillips, LLP

Meal, Rest Break Violations Trigger Additional Penalties in California

Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court. ...more

Miller Nash LLP

California Employers Are Hit Again on Wages

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Just in time for the holiday weekend, the California Supreme Court issued another employee-friendly decision on what constitutes wages under the Labor Code. This decision reminds California employers to stay vigilant on meal...more

Jones Day

California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now...

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The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more

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