News & Analysis as of

Wage and Hour State Labor Laws Rounding

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

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2024

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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

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

Buchalter on

The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...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

Fox Rothschild LLP

Neutral Rounding Policies on Life Support

Fox Rothschild LLP on

Leave it to California courts to deliver another setback to employers right before the holidays. Near decade-old rounding rules were just dealt a hearty blow. Employers should immediately reconsider rounding policies....more

Manatt, Phelps & Phillips, LLP

Rounding Policy Falls Flat in California

An employer’s quarter-hour rounding policy did not comply with California law because the company could and did track the exact time in minutes that employees worked each shift—but did not pay them for it, according to a...more

Cozen O'Connor

California Time Rounding Policies – The Beginning of the End?

Cozen O'Connor on

California Courts of Appeal have historically permitted fair and neutral rounding policies which, over a period of time, result in a net surplus of compensation and benefit to the employees collectively. However, Camp v. Home...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

Stokes Wagner on

On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

Payne & Fears

California Court of Appeal Calls Time Rounding Into Question

Payne & Fears on

The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more

BakerHostetler

Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers

BakerHostetler on

In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As...more

Ervin Cohen & Jessup LLP

California Supreme Court Signals the End for Rounding Meal Break Time

As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more

Constangy, Brooks, Smith & Prophete, LLP

California Employment Roundup: Q1 2021

Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of...more

McDermott Will & Emery

Has Rounding Overstayed its Welcome in California?

For the past decade, many California employers have lawfully used neutral rounding systems to compensate employees. Rounding is the practice of adjusting an employees’ recorded time worked to the nearest preset increment for...more

Akerman LLP - HR Defense

California Employers May No Longer Round Time for Meal Periods

California employers may not apply time-rounding procedures to meal period time entries, based on a recent California Supreme Court decision. ...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Lowers the Bar for Employees Seeking to Prove Meal Break Claims

In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more

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

California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair.  Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

Weintraub Tobin on

Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

Fox Rothschild LLP

California Supreme Court Addresses Critical Issue Regarding Meal Period Rounding

Fox Rothschild LLP on

On February 25, 2021, the California Supreme Court issued its opinion in Donohue v. AMN Services, LLC, holding that: •Employers cannot utilize the rounding of time punches in the meal period context, even if the rounding...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

Payne & Fears on

In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Sheppard Mullin Richter & Hampton LLP

California Court Reaffirms And Extends Rounding Rules

In AHMC Healthcare, Inc. v. Superior Court, the California Court of Appeal, Second Appellate District, Division Four, extended a prior line of California cases holding that California law follows federal law with respect to...more

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