News & Analysis as of

Rest and Meal Break California State Labor Laws

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

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update & Best Practices for California Employers - March 20th, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

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

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2024

Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...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

FordHarrison

New California Employment Developments for 2024

FordHarrison on

Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises...more

Seyfarth Shaw LLP

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in 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

CDF Labor Law LLP on

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

CDF Labor Law LLP

California Exempts Certain Airline Cabin Crew from California Meal and Rest Period Mandates

CDF Labor Law LLP on

On March 23, 2023, Governor Newsom signed Senate Bill (SB) 41 providing relief for employers with airline cabin crew employees covered by a valid collective bargaining agreement (CBA) under the Federal Railway Labor Act and...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

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2023

Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor & Employment – Day 9 "Public Sector Health Care Workers and Required Meal and Rest Periods"

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 this ninth day of the holidays, my labor and employment...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

Federal Preemption of California’s Meal and Rest Laws for Truck Drivers Subject to Federal Regulations Applies Retroactively!

Weintraub Tobin on

In California, Wage Order 9-2001 applies to “all persons employed in the transportation industry,” including property-carrying commercial truck drivers. (Cal. Code Regs., Tit. 8, § 11090(1).) Under the order, an employee...more

Nossaman LLP

[Webinar] California Employment Law Update: Tips for Staying Compliant in 2023 - December 8th, 1:00 pm - 2:00 pm PT

Nossaman LLP on

Please join us on December 8, 2022, from 1:00 – 2:00 p.m. PT for “California Employment Law Update: Tips for Staying Compliant in 2023” as Nossaman’s Allison Callaghan, Randy Boyer and Pavneet Singh Mac discuss new California...more

Perkins Coie

2022 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more

Fox Rothschild LLP

Give Me a Break (a Rest Break That Is)

Fox Rothschild LLP on

How does a California employer prove in litigation that it actually provides rest breaks? How much evidence is enough? Well, after litigating this issue what seems to be hundreds of times, here is the best four step advice I...more

Jackson Lewis P.C.

California Wage Orders, What Are They & Why Employers Should Care

Jackson Lewis P.C. on

The California Industrial Welfare Commission has 17 wage orders that apply to different employers based on their industry or occupation. Although other than minimum wage, these wage orders have not been updated since 2001,...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

ArentFox Schiff

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

ArentFox Schiff on

In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...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

Cozen O'Connor

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines (ALERT)

Cozen O'Connor on

California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127...more

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