In the January issue of California Employer Advisor, we reported on Brinkley v. Public Storage, Inc., which held that employers are required merely to provide employees with meal and rest periods, not ensure that employees actually take them (CEA online subscribers can read more on the case here).
The Brinkley decision came on the heels of a Division of Labor Standards Enforcement memo adopting the rationale of the appellate court in Brinker Restaurant Court v. Superior Court—which, like Brinkley, held that employers do not have a duty to ensure that employees take their meal and rest periods.
Last September, the California Supreme Court agreed to review the Brinker decision. And now, it has also decided to review Brinkley—which means that you cannot rely on either Brinker or Brinkley for guidance until the Supreme Court has issued its rulings in these cases. The Court is schedule to begin reviewing Brinker sometime this week.
Given the uncertainty surrounding meal and rest periods, employers should err on the side of caution by strictly following meal and rest period rules, implementing a clear meal and rest period policy, and by diligently ensuring that employees clock in and out for their meal periods. CEA online subscribers can view our sample meal period policy.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
Special Alert for San Francisco Employers: Commuter Benefits
As of this past Monday, the 19th, San Francisco employers with 20 or more employees are now required to offer commuter benefits to their employees in an effort to encourage the use of public transportation. The benefits must be offered to all employees, including temporary employees, who worked an average of at least 10 hours per week during the previous calendar month. Employers must either administer the benefits program themselves, or hire a third party administrator, and offer one or more of the following benefit options:
- Pre-Tax Benefits: Employer sets up a pre-tax deduction program under current federal tax law allowing employees to use up to $115 in pre-tax wages to purchase transit passed or vanpool services.
- Employer Purchased Benefits: Purchase transit passes or offer vanpool reimbursements to employees in an amount at least equal to the value of the San Francisco MUNI pass (currently $45 per month).
- Employer Provided Transit: Provide a shuttle to transport employees between their homes and workplaces (whether or not the employees live within San Francisco).
Employers who fail to set up a compliant commuter benefits program are subject to citation and fines (up to $500 per violation) imposed by the San Francisco Department of Environment, the city agency that administers the program. More information on the ordinance is available here.