Time spent by employees in meal and other breaks continues to prompt litigation against public and private sector employers. In a recent decision, the Court of Appeals for the Third Circuit ruled that corrections officers at a Pennsylvania prison failed to allege a violation of the FLSA by challenging the County’s failure to compensate them
rest break
California Intermediate Appellate Court Reverses Ruling Finding “On Call” Rest Breaks Violated State Law
By Noel P. Tripp on
Posted in California, Meal and Rest Breaks
Confronting a novel issue of state law in the wake of the California Supreme Court’s 2012 decision addressing California’s meal-and-rest break requirements, an appellate panel of the California Court of Appeal’s Second District ruled that a security firm did not violate rest break requirements where its security guards were “on call” during the required…
California Supreme Court Issues Highly Anticipated Ruling Regarding Meal and Rest Breaks
By Noel P. Tripp on
Posted in California
Jackson Lewis coverage of the California Supreme Court’s long-awaited decision in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), No. S166350 (Calif. Apr. 12, 2012), addressing the requirements of that State’s meal and rest break statute, California Labor Code § 226.7, is available here.
Courts Decertify Collective Actions Based On Auto-Deduct Claims, Citing Individualized Issues
By Noel P. Tripp on
Posted in Hours of Work
As we have repeatedly discussed, use of a so-called “auto-deduct”, wherein a predetermined amount of time is automatically deducted from an employee’s hours of work to correspond to a meal period with the understanding that the employee will perform no work during that period, can give rise to individual or class claims that an…