Posts in Meal Breaks

California Supreme Court to Provide Guidance on Meal and Rest Breaks

April 10, 2018 by Brian M. Noh

The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the following wage and hour issues touching upon the meal and rest period rights of ambulance attendants: More ›

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| Email | Print | Topics: 24-Hour Shifts, 9th Circuit Court of Appeals, Ambulance Attendant, California, California Supreme Court, Meal & Rest Break, Meal Breaks, Meal Period, Off-Duty Rest, Premium Wage, Rest Breaks, Rest Period, Wage and Hour, Wage Order 9

Nurse Denied FLSA Claim for Failure to Follow Employer’s Policies

November 6, 2013 by Hinshaw & Culbertson LLP

An emergency department nurse did not have regularly scheduled meal breaks given the nature of her position, but was permitted to take them as work demands allowed. The hospital’s employee handbook provided that employees were to receive unpaid meal periods, the time for which would be automatically deducted from their paycheck. Employees were instructed to report in an “exception log” any meal breaks which were missed or interrupted so that they could receive payment for that time worked. The nurse did report missed meal breaks from time to time, but did not always mark them in the exception log. Further, she did not report to human resources or supervisors that she was not being compensated for time spent working while she should have been on break. More ›

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| Email | Print | Topics: FLSA, Meal Breaks

Collective Action Cannot Proceed Where Representative Plaintiff’s Claim Rendered Moot

April 16, 2013 by Hinshaw & Culbertson LLP

Today, the U.S. Supreme Court issued its ruling in Genesis Healthcare Corp et al v. Symczyk, No. 11-1059 (U.S. Supreme Court, April 16, 2013) , holding that the employee could not maintain a collective action once her individual claims were rendered moot. More ›

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| Email | Print | Topics: 3rd Circuit Court of Appeals, Collective Action, FLSA, Meal Breaks

Another California Court Holds Employers must "Make Available," not "Ensure" meal Breaks

September 14, 2011 by James R. Pirages

For the past few years, California courts have been inundated with lawsuits filed by employees claiming that they did not receive their thirty-minute uninterrupted meal breaks per Labor Code section 512, which provides that: More ›

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| Email | Print | Topics: California, Meal Breaks

California Supreme Court to Provide Guidance on Meal and Rest Breaks

Nurse Denied FLSA Claim for Failure to Follow Employer’s Policies

Collective Action Cannot Proceed Where Representative Plaintiff’s Claim Rendered Moot

Another California Court Holds Employers must "Make Available," not "Ensure" meal Breaks

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