Archive for the ‘Meal and Rest Break’ Category

penalties calculation

Ruling Clarifies Meal, Rest Break Penalties Calculation

On Wednesday, October 9, 2019, the California Court of Appeal issued a long-awaited clarification of California’s meal and rest break penalty provision (Ferra v. Loews Hollywood Hotel, LLC). The court was asked to interpret whether the phrase “regular rate of compensation” meant the same as the “regular rate of pay,” which is used to calculate overtime […]

16 Oct 19 - Meal and Rest Break - Matthew J. Roberts, Esq. - No CommentsRead More »

Could Lack of Meal, Rest Break Policy Violate California Law?

When a litigant raises an entirely new issue that has no direct precedent, the court can ask the California Supreme Court how it would rule on a particular set of facts (this is called “certifying the issue”). Earlier this month, the Ninth Circuit Court of Appeals certified two questions relating to meal and rest breaks to […]

26 Aug 19 - Meal and Rest Break - HRWatchdog - No CommentsRead More »

Recent CalChamber Podcasts on Common Employer Problems: Misclassification, Breaks

The latest two episodes of The Workplace, a CalChamber podcast, deal with common issues employers face — misclassifying workers and not following meal and rest break rules. Employee Misclassification There are so many different types of workers: hourly employees, managers, supervisors, exempt employees, and independent contractors. But how do you classify each one under California […]

14 Jun 19 - Exempt/Nonexempt, Meal and Rest Break - HRWatchdog - No CommentsRead More »

PAGA Complaint Leads to $1M Settlement

The owners of a Mexican restaurant chain in San Jose will pay 239 workers $1 million in unpaid wages, according to the California Labor Commissioner’s Office. In October 2017, investigators found that the employer did not pay workers for overtime or split shifts, resulting in employees receiving less than the minimum wage for their work. […]

17 Apr 19 - Meal and Rest Break, Overtime - Vannessa Maravilla - No CommentsRead More »

California Challenges Federal Preemption of Meal and Rest Break Laws

California’s Labor Commissioner is challenging a recent Federal Motor Carrier Safety Administration (FMCSA) determination that federal law preempts California’s meal and rest break rules for certain truck drivers. On December 21, 2018, the FMCSA issued a determination of preemption, in which it concluded that federal law (49 U.S.C. 31141(c)) preempts California’s meal and rest break […]

15 Feb 19 - Meal and Rest Break - Erika Pickles - No CommentsRead More »