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On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements.
Employers cannot require that workers in California remain “on call” during mandatory rest breaks, the state’s Supreme Court has determined.
By Emily A. Mertes and Katharine Essick, Sedgwick LLP Since the California Supreme Court’s seminal meal and rest break decision Brinker v. Superior Court in 2012, employers have wrestled with whether, in their particular circumstances, it would be impractical to provide their employees with two separate rest breaks before and after a meal period during […]
By Emily A. Mertes and Katharine Essick Since the California Supreme Court’s seminal meal and rest break decision Brinker v. Superior Court in 2012, employers have wrestled with whether, in their particular circumstances, it would be impractical to provide their employees with two separate rest breaks before and after a meal period during an 8-hour […]
by Boyd Byers Pop diva Lady Gaga affectionately refers to her fans as “little monsters.” But she recently became acquainted with a big monster― the Fair Labor Standards Act (FLSA). Jennifer O’Neill, who worked as Gaga’s personal assistant, sued the pop star’s company, Mermaid Touring, Inc., for FLSA violations. She says she was continuously on […]
Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]
by Jim Brown and Marc Koonin Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to […]