Category Archives: meal/rest breaks

THE CALIFORNIA SUPREME COURT MAKES LIFE EASIER FOR EMPLOYERS – Meal and Rest Periods – San Diego Employment Lawyer – 619.202.0264

The surprise of the recent snowstorm in Southern California was nothing compared to the shock created by the California Supreme Court in its ruling in Brinker International Inc., et al. v. Superior Court.  The California Supreme Court found that employers … Continue reading

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Meal and Rest Breaks: Your Rights as an Employee

Many employers provide employees with a rest or lunch break, whether paid or unpaid. This common practice is not required everywhere, however: The federal wage and hour law, called the Fair Labor Standards Act (FLSA), doesn’t require employers to provide meal or … Continue reading

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Victory For California Employers – Premiums For Missed Meal/Rest Periods Are Not Wages for Attorneys’ Fees Purposes

The California Supreme Court    has ruled that the winning party in meal and rest break cases cannot recover attorneys’ fees. In an unanimous decision in Kirby v. Immoos Fire Protection Inc., the court ruled April 30 that neither employees nor employers who … Continue reading

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No Attorneys’ Fees For Missed Meal and Rest Periods

In Kirby v. Immoos Fire Protection, Inc., the California Supreme Court determined that a party prevailing on a claim of failure to provide rest periods in violation of Labor Code § 226.7 is not entitled to attorney fees under the attorney … Continue reading

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NEW Meal and Rest Break Practices on Short Notice

Some were beginning to wonder whether it would ever happen. After more than two years, the California Supreme Court has held a hearing in the much-awaited Brinker Restaurant Corp. v. Superior Court case. California employers should finally know the answer … Continue reading

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$187.6 million against retail giant, Walmart, Inc.

Recently, Pennsylvania’s Superior Court upheld a jury verdict of $187.6 million against retail giant, Walmart, Inc. in part for denying employee’s meal and rest periods as promised in their employee handbooks. Walmart’s violation regarding breaks and meal periods was not … Continue reading

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Recovery for Missed Meal and Rest Periods

While everyone awaits the Brinker ruling, Plaintiffs’ Attorneys hoping that the Supreme Court reverses the Appellate Court ruling and Employers hoping for a confirmation of the Appellate ruling, the Appellate Court in United Parcel Service, Inc. v. Superior Court (2011) 192 … Continue reading

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Exemption From Overtime Compensation & Meal/Rest Breaks

This article will address one of the commonly invoked exemption from overtime and meal/rest breaks requirements, the “Executive exemption” also known as the managerial exemption. As a general rule, all employees in California are presumed to be hourly and thus … Continue reading

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SHIFTING THE BALANCE OF POWER: MEAL AND REST PERIOD CLAIMS NOT AMENABLE TO CLASS TREATMENT

This article will shed the light on some of the most recent developments regarding California interpretation of employer’s duty to provide employees mandated meal and rest breaks under California Labor Code section 512 and Title 8, California Code of Regulations … Continue reading

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