Month: September 2008

DSLE Manual Quickly Updated to Reflect Brinker

Just days after a California appeals court issued the Brinker Restaurant Corp. ruling on meal and rest periods (see our story on the new case on p. 1), the California Division of Labor Standards Enforcement (DLSE) updated its Enforcement Policies and Interpretations Manual to reflect the new legal interpretations the court provided. It remains to […]

New Law Grants Final Paycheck Relief to Temporary Staffing Industry

The California Supreme Court’s 2006 decision in Smith v. Superior Court (L’Oreal) caused a big stir in the temporary staffing industry (see CWHA August 2006 and June 2008). The court held that final wages under California Labor Code Sections 201 and 203 must be paid immediately upon “discharge,” which includes “when an employer releases an […]

Meal and Rest Breaks: Important New Case Gives Employers and Employees New Flexibility; Should Mean Fewer Wage and Hour Class Actions

California employers are cheering a significant new appeals court decision that provides guidance on meal and rest period obligations and gives employers and employees new flexibility. The court ruled that you must only make breaks available—you don’t have to ensure that employees take them. We’ll look at the new case, what it means for the […]