News & Analysis as of

Rest and Meal Break Penalties Employer Liability Issues

Fisher Phillips

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

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The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,...more

K&L Gates LLP

Keeping the Faith: Employer's Good Faith Belief Prevails

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In a rare victory for employers, the California Supreme Court unanimously held in Naranjo v. Spectrum Sec. Serv., Inc., S279397 (Decided 6 May 2024) that an employer’s “objectively reasonable, good faith belief” that it has...more

Manatt, Phelps & Phillips, LLP

CA Supreme Court Grants Employers Relief on Wage Statement Penalties Under Labor Code Section 226

On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more

Foley & Lardner LLP

Illinois Imposes New Requirements on Employers Who Use Staffing Agencies

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Illinois employers who use staffing agencies should take note. The state’s Day and Temporary Labor Services Act (the “Act”), which was last revised by the General Assembly in 2017, was significantly amended this past...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

McDermott Will & Emery

California Supreme Court Clarifies Missed-Break Premiums Penalties

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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

BakerHostetler

California Supreme Court Allows Employees to Seek Derivative Penalties for Meal and Rest Break Violations

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On May 23, the California Supreme Court issued an opinion that will drastically increase the potential exposure for employers facing meal and rest break class actions. The court, in Naranjo v. Spectrum Security Services,...more

Fox Rothschild LLP

Is There Any Viable Defense To A Dreaded PAGA Claim?

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In plain English, PAGA allows a Court to award a penalty for each pay period that includes a wage-and-hour violation. It does not include the damages for the underlying violation, just the discretionary penalty, which starts...more

Davis Wright Tremaine LLP

Meal or Rest Break Premiums Do Not Trigger Waiting Time or Wage Statement Penalties

Update February 10, 2021: This blog has been updated to reflect current guidance about California meal and rest break laws. On September 26, 2019, California’s Second District Court of Appeals in Gustavo Naranjo, et al. v....more

Hogan Lovells

California Appellate Rulings Give Employers Some Good News On Break Premiums

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The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

Lewitt Hackman

Good News for Employers: No Derivative Penalties for Meal or Rest Break Violations

Lewitt Hackman on

Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities....more

Fisher Phillips

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

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The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more

Fisher Phillips

India Makes Significant Changes to Maternity Benefit Entitlements

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This year, India became one of the most generous providers of maternity benefits in the world when it extended the period of maternity leave available to eligible working mothers from twelve (12) weeks to twenty-six (26)...more

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