News & Analysis as of

Rest and Meal Break Collective Bargaining Agreements (CBA)

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

Jury Awards Hospital System Employees $100 Million in Damages for Time Clock Rounding, Meal Break Violations

On April 18, 2024, a jury in Seattle, Washington, determined that a not-for-profit hospital system employer would be required to pay nearly $100 million for time clock rounding and meal period violations, raising concerns for...more

CDF Labor Law LLP

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

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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

Jackson Lewis P.C.

New Law Exempts Certain Airline Cabin Crew from California Meal and Rest Period Requirements

Jackson Lewis P.C. on

Existing law requires an employer to provide an employee with a meal period during a work period of more than five hours per day, except as prescribed. However, on March 23, 2023, Governor Newsom signed Senate Bill (SB) 41,...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Seyfarth Shaw LLP

California Supreme Court Asked To Weigh In On “Hours Worked” Questions

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Seyfarth Synopsis: The Ninth Circuit Court of Appeals once again has asked the California Supreme Court for assistance in determining important questions of California law. Last week, the Ninth Circuit certified three...more

Amundsen Davis LLC

Local and State Employment Law Update: Workplace Rights and Paid Leave

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Many states are updating their laws surrounding workplace rights and paid leave. This blog touches on some of the most recent and crucial updates made to local laws involving paid leave and worker rights....more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

BCLP

Changes and Developments in California Employment Laws for 2022

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As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Hinshaw & Culbertson - Employment Law...

Hinshaw's 12 Days of California Labor & Employment Series – Day 7: Rest Break Updates

In the spirit of the season—and keeping some semblance of normal—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 seventh day of...more

Littler

New Zealand: Critical Employment Law Changes

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New Zealand employers should be aware that there are several significant legislative changes to the Employment Relations Act 2000 (the Act) taking effect this spring. This article briefly reviews key amendments that recently...more

Jackson Lewis P.C.

New California Law Creates Narrow Rest Break Exemption At Petroleum Facilities

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On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

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Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Fisher Phillips

Governor Signs Legislation to Provide Post-Augustus Rest Period Relief to Unionized Petroleum Facility Employees

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On September 20, Governor Brown signed AB 2605, which provides that petroleum facility employees in safety-sensitive positions and are covered by a valid collective bargaining agreement are exempt from the requirement that...more

BakerHostetler

California Meal Period Claim Done In by Collective Bargaining Agreement

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While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective bargaining agreements can both affect and be fatal to wage and hour...more

Seyfarth Shaw LLP

Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver

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Seyfarth Synopsis: A collective bargaining agreement, to permissibly waive a negotiable statutory right, must do so in a clear and unmistakable manner, by mentioning either the statutory protection being waived or the statute...more

Fisher Phillips

Gimme A Break! Court Says CBA Can Block Meal-And-Rest-Period Lawsuit

Fisher Phillips on

As most employers in California know, meal and rest period litigation has been a hot area for more than a decade, troubling employers across all industries. This is largely because state law provides extremely rigid...more

Jackson Lewis P.C.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

Jackson Lewis P.C. on

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

Cozen O'Connor

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

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

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations...more

Payne & Fears

Key California Employment Law Cases: February 2017

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The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Seyfarth Shaw LLP

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

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Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Morgan Lewis

France Instates ‘Right to Disconnect’ into Labor Code

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The right to disconnect is within the new legal framework Law of 8 August 2016 relating to Work, Modernization of Social Dialogue, and Securitization of Professional Processes called “Labor Law.” With the rise of many...more

Seyfarth Shaw LLP

Meal Break Win in Third Circuit Gives Employers Reason to Be Thankful for More Than Thanksgiving Meals

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Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more

Cozen O'Connor

Recent Prison Guard Case Frees Employers from Meal Period Uncertainty Under the FLSA

Cozen O'Connor on

The U.S. Court of Appeals for the Third Circuit has provided some certainty to Pennsylvania, New Jersey and Delaware employers as to when employees’ meal breaks can be uncompensated and when they must be paid. In a split...more

Fisher Phillips

Third Circuit: Meal Breaks For Employees' "Predominant Benefit" Are Not Worktime

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The Third Circuit U.S. Court of Appeals (with jurisdiction over Delaware, New Jersey, and Pennsylvania) has ruled in Babcock v. Butler County that employees who receive the "predominant benefit" of a meal break are not...more

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