Description
This edition examines California’s unique meal and rest period rules, the liabilities that exist for violations and the California’s Supreme Court’s landmark decisions in the recent Augustus v. ABM, Brinker Restaurant, and Gerard cases. The new sanctions created for violations of these rules have led to an epidemic of class action lawsuits and millions of dollars in liability.
California’s Meal And Rest Period Rules: Proactive Strategies For Compliance is authored by one of California’s leading experts on wage-hour law, Attorney Richard J. Simmons of the law firm of Sheppard, Mullin, Richter and Hampton LLP. All California employers must be aware of their obligations and the high price they may pay for noncompliance. The new edition examines the recent cases and compliance systems. It also includes sample forms and valuable resources, including new-hire and attestation forms and opinion letters.
California has the toughest rules in the country. It imposes unmatched requirements and potential liabilities for employers. The new edition is designed to assist employers to understand and address their legal obligations. It also offers “best practices,” and over 15 proactive strategies and ideas to establish compliance and defend against legal challenges. 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:
- The Augustus v. ABM, Brinker And Gerard Decisions
- Meal Period Rules
- Rest Period Rules
- Remedies & Premiums
- Exceptions To The Rules
- Class Action Suits
- Rules Regarding Combining Meal Periods
- State & Federal Rules
- Meal & Rest Period Charts
- Proactive Strategies
- Sample New-Hire Forms
- Off-The-Clock Work
- Attorney’s Fees
- Special Industry Rules
- Value Of Using Drop-Down Menus To Certify Compliance
- Sample Forms & Compliance Tips
- Important Labor Commission Opinions
- Record-Keeping Obligations
- New Cases
- Timing Of Meal & Rest Periods
- Waivers
- IWC Standards
- Frequency Of Meal Periods
- Amount Of Rest Time
- Time Rounding Practices
- Sample Acknowledgement Forms
- Situations Where Premiums Are Not Owed
- Cutting Edge Compliance Strategies
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 Required Records
4.2 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.
