News & Analysis as of

Class Action Timekeeping CA Supreme Court

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.
Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

Meyers Nave on

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

Weintraub Tobin

Rounding Policies Called Further Into Question

Weintraub Tobin on

In California, it has long been the rule that an employer is entitled to use a rounding policy “if the rounding policy is fair and neutral on its face and ‘it is used in such a manner that it will not result, over a period of...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

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

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

Holland & Knight LLP on

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

Kilpatrick

California Supreme Court: the FLSA’s de minimus rule does not apply to California wage and hour claims, especially wage and hour...

Kilpatrick on

It is a small world after all. Last week, the California Supreme Court decided that the de minimus rule, imported by the U.S. Supreme Court into the Fair Labor Standards Act (FLSA) in 1946 (Anderson v. Mt. Clemens Pottery...more

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