News & Analysis as of

Class Action Rest and Meal Break Employment Litigation

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
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

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

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP on

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

Kilpatrick

California Supreme Court rejects manageability as a basis to strike PAGA claims

Kilpatrick on

Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more

Kilpatrick

California High Court Rejects Manageability as a PAGA Consideration

Kilpatrick on

On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more

Morgan Lewis

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

Morgan Lewis on

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

Epstein Becker & Green

California Appellate Court Affirms the Denial of Waiting Time and Wage Statement Penalties Given an Employer’s Good Faith Dispute...

Epstein Becker & Green on

Following the California Supreme Court’s remand of Naranjo v. Spectrum Security Services, Inc., the California Court of Appeal in that same case held that the defendant-employer had not committed “knowing and intentional”...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

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Unpaid Meal and Rest Period Premiums Can Lead to Wage Statement and Waiting Time Penalties

On May 23, 2022, the California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that unpaid meal and rest period premiums can form the basis of claims for wage statement violations under California Labor...more

Littler

California Supreme Court Confirms Applicability of Derivative Waiting Time Penalty and Wage Statement Claims for Meal and Rest...

Littler on

In another unfavorable ruling for employers that stresses the importance of meal period and wage statement compliance, the California Supreme Court has held in Naranjo v. Spectrum Security Services, Inc. that meal period and...more

CDF Labor Law LLP

[Webinar] Top Seven Non-COVID Related Employment Law Issues for California Employers - March 30th, 10:00 am - 10:45 am PT

CDF Labor Law LLP on

Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related...more

PilieroMazza PLLC

FLSA and Wage and Hour Issues for Restaurants

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

Fisher Phillips on

While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Ervin Cohen & Jessup LLP

California Supreme Court Issues Retroactive Decision on Calculating Meal and Rest Break Premium Pay

Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more

Benesch

California Update: State and Federal Courts Weigh in on PAGA Meal-Break Standing, Pay Statement Contents

Benesch on

In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more

CDF Labor Law LLP

Class Certification Still Defeated Although Common Evidence of Non-Compliance

CDF Labor Law LLP on

California employers may take solace in a recent unpublished decision upholding denial of class certification.  In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to...more

McDermott Will & Emery

Has Rounding Overstayed its Welcome in California?

For the past decade, many California employers have lawfully used neutral rounding systems to compensate employees. Rounding is the practice of adjusting an employees’ recorded time worked to the nearest preset increment for...more

Fisher Phillips

Lawsuit Alleges Healthcare Workers Should Be Paid for Mandatory Temperature Checks and Health Screenings

Fisher Phillips on

A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more

FordHarrison

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

FordHarrison on

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair.  Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more

Holland & Knight LLP

California Supreme Court Rejects Rounding of Timekeeping for Tracking Meal Periods

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If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more

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