Rest and Meal Break, Remand

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

Sheppard Mullin Richter & Hampton LLP on 5/22/2024

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

A Dart Across the Bow

Carlton Fields on 10/30/2019

The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/22/2019

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for...more

N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers

Proskauer - Law and the Workplace on 4/1/2019

On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees...more

California Supreme Court Provides A Dose Of Helpful Medicine For Healthcare Employers

Fisher Phillips on 12/11/2018

In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal...more

Paid Breaks Cannot Offset Overtime Obligations

Parker Poe Adams & Bernstein LLP on 10/19/2016

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit

Seyfarth Shaw LLP on 6/27/2015

When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class...more

Rest and Meal Break › Remand