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Showing 4 posts in Rest Breaks.

Hinshaw's 12 Days of California Labor & Employment Series – Day 7: Rest Break Updates

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this seventh day of the holidays, my labor and employment attorney gave to me: seven swans a-swimming and AB 1512 and AB 2479.

Due to the multitude of wage and hour claims that are filed each year, meal and rest break updates are consistently part of annual employment law changes. Generally, an employer must provide and permit an uninterrupted rest break for all nonexempt employees who work at least 3.5 hours. Rest breaks must be offered at the rate of 10 minutes for every four hours worked. In Augustus v. ABM Security Services, Inc., the California Supreme Court held that employers must relieve employees of all duties during the rest breaks and relinquish any control over how employees spend their rest break. More ›

California Appeals Court Confirms Constitutionality of Piece-Rate Compensation Statute

In Nisei Farmers League vs. California Labor and Workforce Development Agency, California’s Fifth Appellate District confirmed the constitutional validity of Labor Code section 226.2, a recently enacted law providing that employees paid on a piece-rate basis must be paid at least minimum wage, and must be paid for rest and recovery periods and “other nonproductive time” separate from any piece-rate compensation. Under a piece-rate system, employees are not paid by the hour, but rather based on activities, task or units of production completed. For example, employees are paid by the number of widgets they produce. The goal of the statute was to make sure employers who pay under a piece-rate system also comply with all minimum wage law requirements that apply to hourly workers. More ›

California Supreme Court to Provide Guidance on Meal and Rest Breaks

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 ›

California Court Decertifies wage, Break Claims due to lack of Commonality

Home delivery newspaper carriers brought suit against the publisher for violations of the California Labor Code, arguing that they were not paid overtime wages, the proper minimum wage, and did not receive rest breaks, among other things. Specifically, the carriers claimed that they were improperly classified as independent contractors, though they were actually more akin to employees, and thus should have received the benefits of being an employee (such as receiving overtime wages). More ›

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