California’s Meal And Rest Period Rules: Proactive Strategies For Compliance (2021)

California’s Meal And Rest Period Rules: Proactive Strategies For Compliance (2021)

California’s Meal And Rest Period Rules: Proactive Strategies For Compliance (2021)

Print $89.00
Electronic $119.00
Both $149.00

Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Seventh
ISBN: 9781940747712
Pages: Over 190

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Description

Thousands of lawsuits have been filed against California employers seeking enormous remedies for meal and rest period claims. On February 25, 2021, the California Supreme Court made employers significantly more vulnerable to liabilities for such claims in Donohue v. AMN. The Supreme Court authorized a presumption that violations of state law occurred wherever a time record shows a short, late or missed meal period. It also described the required timing of meal periods, stated that no “infringement” on duty-free meal periods will be allowed, and outlawed timekeeping systems that round meal period punches. This new decision, along with the recoveries available for violations of California’s unique rules, will contribute to the epidemic of class action and PAGA lawsuits that already exists.

Castle Publications has a solution to many of the problems created by these rules. In the new 2021 edition of his book, California’s Meal And Rest Period Rules: Proactive Strategies For Compliance, California’s leading expert on wage-hour law, Attorney Richard J. Simmons from the law firm of Sheppard Mullin, has identified training and compliance strategies for all California employers. All California employers must be aware of their obligations and the high price they may pay for noncompliance. The new edition of the book examines the new Donohue case, other recent cases, and compliance programs. It discusses ways to make timekeeping systems an employer’s ally rather than its enemy. It also includes sample forms and many valuable resources, including new-hire and attestation forms as well as significant opinion letters.

The new edition is designed to assist employers to understand and address their legal obligations, train their supervisors, and update their policies and practices. It also describes “best practices” and lays out over 20 proactive approaches that can aid employers to avoid and defend costly lawsuits. Sample forms are included to remind new and existing employees of their right to meal and rest periods and secure their cooperation.

Among the numerous subjects covered are the following:

  • Solutions To Problems Caused By The Donohue Decision
  • The California Supreme Court’s Meal And Rest Break Decisions In Donohue v. AMN,
    Augustus v. ABM, Brinker Restaurants, And Gerard v. Orange Coast
  • California’s Unique Meal And Rest Period Rules
  • Penalties & Premiums
  • Exceptions And Exemptions From The Meal And Rest Period Rules
  • The Importance Of Training Supervisors
  • Break Scheduling Practices And Strategies
  • Class Action Lawsuits
  • Rules Regarding Combining Meal Periods
  • State & Federal Rules
  • Meal Time Rounding Issues
  • Meal & Rest Period Charts
  • Proactive Approaches And Solutions
  • Sample New-Hire Forms
  • Off-The-Clock Work
  • Attorney’s Fees
  • Special Industry Rules
  • Potential Value Of Using Drop-Down Menus To Certify Compliance
  • Sample Forms & Compliance Tips
  • Labor Commission Opinions
  • Timekeeping Obligations
  • New Cases
  • Timing Of Meal & Rest Periods
  • Waivers
  • The Duty To Provide Breaks
  • The Consequences Of An Employee’s Choice To Work Through Or Delay Breaks
  • IWC Standards
  • Frequency Of Meal Periods
  • Amount Of Rest Time
  • Off-Premises Standards
  • Sample Acknowledgement Forms
  • Situations Where Premiums Are Not Owed
  • Cutting Edge Compliance Strategies
  • Avoiding And Defending Lawsuits

Additional information

Format

Both, Electronic, Print

Table Of Contents

SECTION 1          INTRODUCTION

1.1                Background Of California’s Meal And Rest Period Rules

1.2                Defensive Practices And Proactive Measures

1.3                Scope Of Publication

SECTION 2          CALIFORNIA’S MEAL AND REST PERIOD STANDARDS

2.1                Meal And Rest Period Obligations

2.2                The Statutory Meal Period Zones

2.3                The Duty To “Provide” Meal Periods

2.4                The Five-Hour Standard

2.5                Exceptions To General Meal Period Rules And Waivers

2.6                The Obligation To “Authorize And Permit” Rest Periods

2.7                Union Employees

2.8                The Fair Labor Standards Act

2.9                The Federal Aviation Administration Authorization Act

2.10               The Withdrawal Of The DLSE’s Proposed Regulations

SECTION 3          PREMIUMS FOR MEAL AND REST PERIOD VIOLATIONS

3.1                The Amount Of Premiums And Exceptions

3.2                The Obligation To “Provide” Meal Periods

3.3                Situations Where Premiums Should Not Apply

3.4                Payroll Administration, Pay Stub, And Final Pay Issues

3.5                Statute Of Limitations

3.6                The Supreme Court’s Decision In Murphy v. Kenneth Cole Productions

3.7                The Supreme Court’s Decision In Brinker Restaurant Corp. v. Superior Court

3.8                Limitation On Attorney’s Fees Recoveries

3.9                The Supreme Court’s Decision In Augustus v. ABM Security Services, Inc.

3.10               The Supreme Court’s Decision In Gerard v. Orange Coast Memorial Medical Center

3.11               Lactation Accommodation Obligations

3.12               The Private Attorneys General Act Of 2004

SECTION 4          RECORD-KEEPING RULES

4.1                The Supreme Court’s Decision In Donohue v. AMN Services, LLC

4.2                Required Records

4.3                Rounding Practices

SECTION 5          PROACTIVE STRATEGIES

5.1                Overview

5.2                Advice Of Counsel

SECTION 6          CLASS CERTIFICATION ISSUES IN MEAL AND REST PERIOD CASES

6.1                General Standards For Class Certification

6.2                Class Certification Raises A Procedural Question

6.3                Application Of Criteria To Meal And Rest Period Claims

6.4                Effect Of Employee’s Failure To Utilize Protocols To Report Missed Meal Or Rest Periods

6.5                Off-The-Clock Work Claims

6.6                Summary Of Class Certification Principles

APPENDIX A       LABOR CODE SECTION 226.7 (Meal and Rest Period Premiums)

APPENDIX B       LABOR CODE SECTION 512 (Meal Period Rules)

APPENDIX C       PERTINENT RECORD-KEEPING RULES IN IWC WAGE ORDERS

APPENDIX D       MEAL AND REST PERIOD RULES IN WAGE ORDERS 4 AND 5 (Wage Order 4: Professional, Technical, Clerical, Mechanical and Similar Occupations and Wage Order 5: Public Housekeeping Industry)

APPENDIX E       MEAL AND REST PERIOD RULES IN WAGE ORDER 1 (Manufacturing Industry)

APPENDIX F       REST PERIOD RULES IN WAGE ORDER 16 (On-Site Construction, Drilling, Logging and Mining)

APPENDIX G       SAMPLE TIME CARD ACKNOWLEDGEMENTS FOR MEAL AND REST PERIODS

APPENDIX H       NEW-HIRE FORM (Long Form) ACKNOWLEDGEMENT OF MEAL AND REST PERIOD RULES

APPENDIX I       NEW-HIRE FORM (Short Form) ACKNOWLEDGEMENT OF MEAL AND REST PERIOD RULES

APPENDIX J       NEW-HIRE FORMS ACKNOWLEDGEMENT OF MEAL AND REST PERIOD RULES (HEALTH CARE EMPLOYEES)

APPENDIX K       MEAL AND REST PERIODS ACKNOWLEDGEMENT (EXISTING EMPLOYEES)

APPENDIX L       EMPLOYEE ACKNOWLEDGEMENT OF MEAL AND REST PERIOD RULES

APPENDIX M       DLSE’S PROPOSED MEAL AND REST PERIOD REGULATIONS (As Revised On July 7, 2005 And Withdrawn On January 13, 2006)

APPENDIX N       AB 2509 (Remedies For Employment Law Violations)

APPENDIX O       ASSEMBLY MEMBER STEINBERG’S LETTER URGING GOVERNOR TO SIGN AB 2509

APPENDIX P       SAMPLE AGREEMENT FOR ON-DUTY MEAL PERIOD

APPENDIX Q       FEDERAL REGULATIONS RELATING TO REST AND MEAL PERIODS AND HOURS WORKED

APPENDIX R       OPINION LETTERS OF THE DIVISION OF LABOR STANDARDS ENFORCEMENT

APPENDIX S       CASE TABLE

About The Author

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.

Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.

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