Tag Archives: Meal and Rest Breaks

DLSE Reverses Its Position on California Rest Breaks

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.  Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their … Continue Reading

Waiting Time Penalties Under California Labor Code Not Wages for Federal Tax Purposes

Waiting time penalties imposed under Section 203 of the California Labor Code are not “wages” for purposes of federal income or employment taxes, according to a Chief Counsel Advice Memorandum issued by the Internal Revenue Service. Although the Memorandum is not precedential, it provides guidance regarding the IRS’s current views on the taxability of such … Continue Reading

California Supreme Court to Review On-Call Rest Breaks

California employers might receive much-needed clarification on whether and to what extent employees can remain “on call” during rest breaks.  On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Sec. Services, Inc., Nos. B243788 & B247392 (Cal. Ct. App. Jan. 29, 2015). Earlier this year, the California Court of Appeal … Continue Reading

Wage Order No. 5-2001 Partially Invalidated: Healthcare Workers Cannot Waive Their Second Meal Period When Working More Than 12 Hours

In a recent turn of events, the California Court of Appeal ruled in Gerard v. Orange Coast Memorial Medical Center (Feb. 10, 2015) that healthcare workers cannot waive their second meal period when working shifts in excess of 12-hours despite the Industrial Welfare Commission’s (“IWC”) order to the contrary. The court found that the IWC … Continue Reading

No Rest Period Violation for Security Guards On Call during Breaks, California Court Rules

Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were required to remain “on call” during those breaks. … Continue Reading

California Appellate Court Holds that Federal Law Does Not Preempt California’s Meal and Rest Break Requirements for Truck Drivers

On October 28, 2014, a California Court of Appeal held that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt California’s meal and rest break requirements as applied to motor carriers.  [Godfrey v. Oakland Port Services Corp. (Cal. App. Ct. Oct. 28, 2014) Case No. A139274.] In Godfrey, the plaintiffs were truck … Continue Reading
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