As employers and employee advocates eagerly await the California Supreme Court’s decision in Brinkley and Brinker regarding the lengths to which employers must ensure employees are afforded the opportunity to take meal breaks, some companies have decided to go so far as to discipline employees who voluntarily work “off the clock.” I have to admit [...]
Posts Tagged ‘meal break’
Look Out Brinker and Brinkley, Here Comes Sharon
Posted in Litigation, Policies & Best Practices, Wage & Hour, tagged Brinker, brinkley, California, East Bay, employment attorney, labor code, meal break, rest break, Silicon Valley, wage and hour on January 17, 2012 | 2 Comments »
Obama Directs DOL to Expand FLSA to Cover In-Home Care Workers
Posted in Hiring, Independent Contractors, New Laws, Policies & Best Practices, Wage & Hour, tagged California, care provider, caregiver, dol, domestic help, East Bay, Employment Law, Employment Lawyer, exempt, exemption, FLSA, in-home care, independent contractor, meal break, minimum wage, nurses, overtime, wage and hour on December 16, 2011 | Leave a Comment »
“President Obama announces a new rule that will ensure in-home care workers are included in the same minimum wage and overtime protections afforded to other workers under the Fair Labor Standards Act.” Last year the California legislature failed to pass legislation that would have added substantial burdens to families hiring home workers, including personal attendants [...]
Robert Nuddleman to Speak on KQED Radio Regarding AB 889
Posted in Announcements, Hiring, Independent Contractors, New Laws, Seminars, Wage & Hour, tagged ab 889, California, caregiver, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, Hiring, Homecare provider, I-9, independent contractor, meal break, minimum wage, San Jose, Silicon Valley, South Bay, statute of limitations, wage and hour on August 11, 2011 | Leave a Comment »
I just received word that I will be a speaker on The Forum at 9:00 a.m. on Friday, August 12, 2011, regarding AB 889 – The Domestic Worker Bill of Rights. The producers read my blog post and thought I might be able to add to the discussion. If you are involved with the homecare [...]
3 Interesting Overtime Results
Posted in Litigation, Verdicts, Wage & Hour, tagged California, employer employee relationship, Employment Law, Employment Lawyer, Labor Code 513, meal break, minimum wage, overtime, San Jose, wage and hour on February 15, 2011 | Leave a Comment »
$4,385,000 settlement in class action case against DIRECTV, Inc: Michael Cicero, on behalf of himself and other installers, filed a class action lawsuit against DIRECTV alleging he and other installers were not paid overtime and were not paid for time spent driving to and from installation sites. Cicero alleged installers were paid based on the [...]
Prevailing Employer in Meal/Rest Break Suit Entitled to Attorneys’ Fees
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged California, meal break, minimum wage, no breaks, rest break, restuarants, unpaid overtime on July 28, 2010 | Leave a Comment »
11/17/2010 Update: The California Supreme Court granted review of Kirby v. Immoos Fire Protection. We will have to wait for the Supreme Court’s decision to determine if I was correct. In 2000, the California legislature added some teeth to California’s meal and rest break laws. Prior to 2000 employers were required to give employees meal [...]
More Overtime Pay and Breaks for Farmworkers
Posted in Hiring, Litigation, New Laws, Wage & Hour, tagged comp time, Employment Law, Employment Lawyer, independent contractor, labor code, meal break, overtime, wage and hour on June 24, 2010 | Leave a Comment »
California’s Labor and Employment committee passed SB1121 in a 4 to 1 vote yesterday. This bill, introduced by Senator Dean Florez, would amend Labor Code Section 554 relating to overtime payments as it applies to farmworkers
Brinkley, not Brinker – Another Meal Break Case
Posted in Policies & Best Practices, Wage & Hour, tagged 226, 226.7, Bay Area, California, labor code, meal break, pay stub, penalties, penalty, rest break, San Jose, San Mateo, Santa Clara, Silicon Valley on October 29, 2008 | Leave a Comment »
Another appellate court decision was issued today regarding whether an employer is obligated to ensure employees take required meal and rest breaks. In Brinkley v. Public Storage, Inc. (B20513), the Second Appellate District rejected the employee’s argument that employers must force employees to take meal and rest breaks. The court adopted the arguments previously set [...]
Employers Do NOT Need to Force Employees to Take Breaks
Posted in Policies & Best Practices, Wage & Hour, tagged Brinker, lunch break, meal break, required break, rest break, time off, wage and hour on July 22, 2008 | 2 Comments »
For the first time, a California appellate court has held that employers do not need to force their employees to take meal breaks. While several federal cases have found that employers do not need to force employees to take meal breaks, the only California appellate court decision on the matter found that employers needed to [...]
