News & Analysis as of

Rest and Meal Break Waivers

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

Florida Governor Signs Law Easing Hourly Work Restrictions on Minors

On March 22, 2024, Florida Governor Ron DeSantis signed a bill into law that amends the state’s Child Labor Law to allow minors sixteen and seventeen years of age to work more hours....more

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Seyfarth Shaw LLP

California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of...

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Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more

Benesch

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

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Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more

Seyfarth Shaw LLP

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

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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

Cozen O'Connor

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

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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

Payne & Fears

Key California Employment Law Cases: December 2018

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This month’s key employment law cases address meal periods and payment of wages....more

Payne & Fears

California Supreme Court Clarifies the Law on Second Meal Period Waivers for Health Care Workers

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On December 10, 2018, the California Supreme Court unanimously held in Gerard v. Orange Coast Memorial Medical Hospital that section 11(D) of Industrial Welfare Commission (“IWC”) Wage Order No. 5, which permits health care...more

Orrick - Employment Law and Litigation

Big Win for the Healthcare Industry on Meal Break Waivers as the California Supreme Court Resolves an Apparent Conflict in the...

On December 10, the California Supreme Court issued an impactful decision for the healthcare industry. In Gerard v. Orange Coast Memorial Medical Center, the unanimous Court endorsed the Hospitals’ meal break policy, over...more

Fox Rothschild LLP

New Developments On Meal Waivers For Healthcare Workers – Back Where We Started

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California employers know to expect that the law sometimes takes some crazy turns. But the changes to the rules for healthcare worker meal waivers have been particularly insane. Try to keep up....more

Dorsey & Whitney LLP

Washington Meal Breaks

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The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face...more

Fisher Phillips

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

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Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

Nossaman LLP

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

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In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Nossaman LLP

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

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In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Carlton Fields

California Supreme Court Puts to Rest Labor Code Interpretation

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Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

Davis Wright Tremaine LLP

Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a...more

Fisher Phillips

California Court Confirms Healthcare Meal Waivers Have Always Been Valid

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In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare...more

Haight Brown & Bonesteel LLP

Once a Waiver, Always a Waiver: Employee’s Agreement to Waive Meal Break Cannot Be Revoked

In Palacio v. Jan & Gail’s Care Homes, Inc. (Ct. of Appeal F070861), published December 7, 2015, the Court of Appeal for the Fifth Appellate Court ruled against a health care worker who sued to recover penalties for meal...more

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

Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by...more

Davis Wright Tremaine LLP

California Health Care Employees Cannot Waive Entitlement to Second Meal Period When Working In Excess of 12 Hours

Narrowly construing the California Labor Code provisions on meal periods, the California Court of Appeal struck down a provision in the Industrial Welfare Commission Wage Orders that allows health care employees working...more

Proskauer - California Employment Law

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of...more

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