News & Analysis as of

California Rest and Meal Break Labor Code

Jackson Lewis P.C.

California Supreme Court Holds Public Employers Exempt from Labor Code and PAGA

Jackson Lewis P.C. on

In Stone v. Alameda Health System, the California Supreme Court considered whether all public entities that are not specifically governmental in nature are exempt from the obligations in the Labor Code such as meal and rest...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

ArentFox Schiff

Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees

ArentFox Schiff on

In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at...more

Manatt, Phelps & Phillips, LLP

PAGA Claims Can’t Be Tossed on Manageability Grounds

Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability? No, the unanimous California Supreme Court recently concluded....more

Foley & Lardner LLP

California Supreme Court Limits Manageability Defense to PAGA Claims

Foley & Lardner LLP on

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

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 10 "Wage Theft Updates for 2024"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the tenth day of the holidays, my labor and employment...more

Weintraub Tobin

Podcast: California Employment News - The Basics of Pay Exemptions

Weintraub Tobin on

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

Weintraub Tobin

California Employment News: The Basics of Pay Exemptions

Weintraub Tobin on

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

Proskauer - California Employment Law

March 2023 California Employment Law Notes

No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) - Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more

CDF Labor Law LLP

CDF Wage and Hour Task Force – Monthly Tips: Common Pitfalls Associated with Remote Workers

CDF Labor Law LLP on

As the health risks of the pandemic wind down, the complexities of offering remote work endure. Some employers are still offering full remote work, while others offer a hybrid to remain competitive and retain employees....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

Proskauer - California Employment Law

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more

Weintraub Tobin

Podcast: California Employment News - Public Healthcare Workers Now Get Meal and Rest Breaks

Weintraub Tobin on

California Labor Code now guarantees meal and rest breaks for public healthcare workers. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review the details of the newly added Labor Code...more

Weintraub Tobin

California Employment News: Public Healthcare Workers Now Get Meal and Rest Breaks

Weintraub Tobin on

California Labor Code now guarantees meal and rest breaks for public healthcare workers. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review the details of the newly added Labor Code...more

McDermott Will & Emery

California Supreme Court Clarifies Missed-Break Premiums Penalties

McDermott Will & Emery on

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more

Perkins Coie

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

Perkins Coie on

The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more

Buchalter

Naranjo v. Spectrum Security Services, Inc.: The California Supreme Court Determines that Meal and Rest Premiums are Wages and...

Buchalter on

On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Pillsbury Winthrop Shaw Pittman LLP

Recalculating the Cost of Lunch

The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.” The California Supreme Court held that employers must pay non-exempt...more

Smith Gambrell Russell

California Meal, Rest, and Recovery Period Penalties Include More Than Just Regular Hourly Wage

Smith Gambrell Russell on

Most California employers know that under Labor Code § 226.7(c), employees who are not provided with a compliant meal, rest, or recovery period must be paid an additional hour of pay for each violation. Most California...more

ArentFox Schiff

California Appellate Court Decisions Impact Wage and Hour Actions

ArentFox Schiff on

Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

Weintraub Tobin on

Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide