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Rest Periods

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Class Action Waivers: Appeals Court Strikes Down Class Action Waiver in Arbitration Agreement
CEA Online Exclusive
Check 'N Go of California, Inc., a payday loan company, asked employees to sign a dispute resolution agreement. The agreement required arbitration of employment disputes (with some specific exceptions), including claims that the agreement itself was unfair. It also included a class action waiver, stating that for disputes the agreement covered, neither the employee nor the . . . more
News Notes: Court Refuses To Certify Wage-Hour Class Action
March 2008
In a case that underscores the importance of having written meal and rest break policies, a California appeals court has refused to certify a class action lawsuit charging H.F. Cox, Inc., a Bakersfield petroleum transport company,with denying meal and rest breaks to its drivers. . . . more
News Note: Hours Of Service Limits Retained For Truckers
February 2008
The Federal Motor Carrier Safety Administration (FMCSA) has issued an interim final rule that will continue to limit truckers to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours. . . . more
Meal Periods: Ruling Provided Important Meal Period Guidance, But Status Now Uncertain
January 2008
Recently, a California appeals court offered important guidance on employers' meal period obligations. Unfortunately, the ruling's status is now up in the air, as the decision has been wiped off the b . . . more
Meal Periods: Court Sheds Light on Issue of Providing Meal Breaks; Decision May Help Limit Employer Liability
October 2007
In California, meal periods of no less than 30 minutes must be provided for an employee who works at least five hours, and two 30-minute meal periods are required for work shifts of more than 10 hours. Are employers responsible for making sure employees take their meal breaks . . . more
News Notes: PAGA Actions Don't Have to Follow Class Action Rules, Court Says
October 2007
A new California appeals court decision highlights the relative ease with which employees can sue employers for Labor Code violations and expand the lawsuit to cover other employees . . . more
Wage and Hour: Important Ruling Expands Damages Available for Break Period Violations; What to Do Now
June 2007
In a major new decision that could open the floodgates for even more wage and hour litigation in California, the state's high court has unanimously ruled that the extra hour of pay for missed breaks mandated by California Labor Code Section 226.7 is a wage . . . more
News Notes: Post Office Sued for Requiring Worker to Take Lunch Break
May 2007
In an interesting twist, the U.S. Postal Service (USPS) has been hit with a lawsuit claiming that its requirement that employees take their lunch breaks amounted to disability discrimination for one postal clerk . . . more
News Note: Loan Company to Pay $13.6 Million in Wage-Hour Settlement
April 2007
E-Loan Inc. has agreed to pay out up to $13.6 million to settle a wage and hour class action lawsuit charging overtime and meal period violations involving approximately . . . more
Meal and Rest Periods
Meal and Rest Periods It is crucial for employers to carefully and accurately comply with California's laws on employee meal and rest breaks. This form will help you explain the rules to employees. Meal periods: [Company Name] provides employees with an unpaid meal period of 30 minutes for every work period of five hours. The meal period must be commenced before the end of the fifth hour of work . . . more
Meal Period Waiver
In certain situations an employee and employer may waive a meal period by mutual consent. Here is a sample meal period waiver form. . . . more
Meal and Rest Periods in California: Which Breaks You Must Provide—and When—and What to Do When Workers Won't Cooperate
Meal and Rest Periods in California: Which Breaks You Must Provide—and When—and What to Do When Workers Won't Cooperate Audio Conference
Originally presented on January 10, 2007
The California meal and rest period requirements are a notorious source of problems and confusion for employers. This comprehensive audio conference will tell you what you need to know about these complex rules, and how to make sure you stay on the right side of the law. . . .
more
News Note: UPS Settles Meal Break Suit for $87 Million
January 2007
United Parcel Service (UPS) has announced that it will pay $87 million to settle charges that the company denied required meal and rest breaks to approximately . . . more
News Note: Huge Payday for Wal-Mart Workers
December 2006
A Pennsylvania jury has slapped Wal-Mart with a $78.5 million verdict for not paying overtime and requiring employees . . . more
News Note: Court Strikes Down Meal Period Exemption in Wage Order
June 2006
A California appeals court has ruled that a meal period exemption contained in Wage Order 16—for the construction, drilling, logging, and mining industries is invalid. . . . more
Bulletin Item: California Supreme Court to Review Reimbursements, Meal Period Penalty
April 2006
The California Supreme Court has agreed to look at whether employers are allowed to reimburse employees for work-related expenses by increasing their wages or commissions. In a separate c . . . more
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