California has the most stringent meal and rest break rules in the country. If an employee’s break is not taken within the proper time, is not long enough, or is
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Invitation: Join Us in San Francisco on January 27 for a 2017 Employment Law Update
I hope you’ll join my Fox colleagues Keith Chrestionson and Jaemin Chang and me on January 27 for the next in our series of breakfast briefings in our San Francisco …
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What Does It Mean That CA Employers Must “Relinquish All Control” During Breaks?
Let’s pick up where we left off. In our last post of 2016, I was complaining about the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc.…
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CA Employees Required to Carry Radios or Pagers on Rest Breaks Are Owed a Penalty
The worst aspect of California employment law is the way it combines unclear requirements with exorbitant penalties for noncompliance. So employers can’t necessarily tell what the law requires and,…
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CA Supreme Court to Weigh in on On-Call Rest Periods
If an employee is required to be available by radio, pager, mobile phone, or the like on a rest break, does it count as a rest break? Like so much…
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CA Court Permits On-Call Rest Periods
While the 2012 California Supreme Court decision in Brinker clarified some of the landscape for meal and rest period litigation, break requirements continue to give …
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Ten Commandments for Avoiding Employment Lawsuits in California
From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a…
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As Summer Approaches, It Is Time to Revisit New Rule About Extra Paid Rest Break Time for Heat Recovery
One of the new laws for 2014 is SB 435, which requires one hour of premium pay for an employer’s failure to provide additional rest breaks to serve as…
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The Shape of Meal and Rest Period Claims Post-Brinker
Meal and rest period class actions haven’t gone away since the California Supreme Court issued its Brinker decision. While it’s become harder for plaintiffs to get classes certified, there’s an…
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Cases on hold pending Brinker sent back to Courts of Appeal
Six cases that had been in grant and hold status with the California Supreme Court pending the decision in Brinker v. Superior Court were all transferred back to their respective …
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