Archive for the ‘Meal and Rest Break’ Category

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 »

Rest Assured, Our February 21 Webinar Provides Clarity

Think it’s OK in California if a nonexempt employee occasionally misses a meal break or takes a late lunch? What about letting that employee combine the two required 10-minute rest breaks? Misunderstandings about California’s meal and rest break rules—including requiring employees to stay onsite—expose employers to expensive litigation. Vague meal and rest break policies left […]

31 Jan 19 - Meal and Rest Break - HRWatchdog - No CommentsRead More »

Federal DOT Preempts Meal, Rest Breaks Laws for Hazardous Materials Drivers

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently issued a Notice of Administrative Determination of Preemption finding, stating that the Federal Hazardous Material Transportation Law and the Hazardous Materials Regulations preempt California meal and rest break laws for all hazardous materials motor vehicle drivers. As California employers know, employees in […]

13 Nov 18 - Meal and Rest Break - Erika Pickles - No CommentsRead More »

New Law Provides Extremely Narrow Exception to California Rest Break Rules for Petroleum Facilities

Tis the season for new California laws, and yesterday Governor Jerry Brown signed a bill allowing an extremely limited exception for required rest breaks in the petroleum industry.  Nearly all nonexempt employees in California are entitled to duty-free, ten-minute rest breaks, but Assembly Bill 2605 allows certain union employees working in safety sensitive positions in […]

21 Sep 18 - Meal and Rest Break - Ellen Savage, J.D. - No CommentsRead More »

Employees Free to Leave Premises During Rest Breaks

The Labor Commissioner’s office recently updated its fact sheet on rest breaks to clarify that an employer cannot require employees to stay on the work premises during their rest breaks. Employers have commonly required employees to remain on the premises during rest breaks. However, the California Supreme Court’s decision in Augustus v. ABM Security Services, […]

20 Dec 17 - Meal and Rest Break - Gail Cecchettini Whaley - No CommentsRead More »