In its recent
Donohue v. AMN Services, LLC decision, the California Supreme Court held that employers can not “round” employee time for purposes of calculating statutorily mandated meal breaks. It also held that records showing late, shortened or missed meal breaks raise a rebuttable presumption of Labor Code violations for purposes of summary judgment.
Rounding Policies Impermissible for Meal Breaks
Rounding time programs have been a source of considerable litigation in recent years. Under these programs, recorded time is rounded in set increments such as the nearest ten minutes. Reversing the Court of Appeal’s 2018 decision, the
Donohue court squarely rejected the use of such programs to calculate meal breaks under the California Labor Code. It did not address the validity of the California Court of Appeal’s prior holding in
Blumenthal Nordrehaug Bhowmik De Blouw LLP, File Lawsuit Against Hawthorne Machinery Co., in PAGA Only Action, Alleging Violations of the California Labor Code
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The lawsuit alleges Hawthorne Machinery Co. violated the California Labor Code by failing to provide or compensate their employees for missed meal and rest breaks.
Law Offices of Blumenthal Nordrehaug Bhowmik De Blouw LLP
For more information about the class action lawsuit against Hawthorne Machinery Co., call (800) 568-8020 to speak to an experienced California employment attorney today. SAN DIEGO (PRWEB) March 05, 2021
The San Diego employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a PAGA-Only lawsuit against Hawthorne Machinery Co., alleging the company violated California Labor Code by failing to provide accurate wages, among other allegations. The lawsuit against Hawthorne Machinery Co. is currently pending i
Prosecutors allege untrained use of stump grinder was key factor
Uploaded: Thu, Mar 4, 2021, 4:01 pm
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The owner of a Concord-based landscaping company was charged this week with two felonies in connection with the death of an employee at a worksite in San Ramon nearly three years ago, prosecutors said Thursday.
(Stock image)
The Contra Costa County District Attorney s Office and state investigators allege Segundo Collazos, owner of Amazon’s Landscaping Company, was negligent under the California Labor Code as an employer ahead of the death of Manuel Peralta on the job.
Peralta, 68, of Antioch died while operating a rented tree stump grinder in San Ramon on April 9, 2018.
Friday, March 5, 2021
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in
Donohue v. AMN Services, LLC, resolving two questions regarding California meal periods. The court’s opinion also raised, but did not resolve, questions regarding meal period compliance that will likely challenge employers and litigants for years.
Rounding Time Punches
Rounding time punches has historically been a common timekeeping practice. Many employers will round time punches to the nearest five minutes, or to the nearest one-tenth or quarter of an hour. Is that practice allowed for clocking out and in from meal breaks? No. The California supreme court held that rounding may not be applied to meal periods.
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California.