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On February 25, 2021, in In
Donohue v. AMN Services, LLC (2021) San Diego Superior Court, Case No. 37-2014-00012605-CU-OE-CTL, the California Supreme Court weighed in on two important issues pertaining to meal periods. First, the Court held that California employers cannot round time punches for meal periods (although it is arguably permissible for work start and stop times). Second, the Court held that employee time records showing non-compliant meal periods raise a rebuttable presumption of meal period violations and are sufficient to defeat a defendant’s dispositive motion for summary judgment. The Court emphasized that California’s meal period requirements are designed to prevent even minor infringements on employees’ meal periods and that rounding employees’ meal period time punches for even a
California Supreme Court Donohue v. AMN Services, LLC can employers engage in the practice of rounding time punches for meal periods & can records lacking facially compliant meal period raise rebuttable presumption of meal period violations
Monday, March 1, 2021
On February 25, 2021, in In
Donohue v. AMN Services, LLC (2021) San Diego Superior Court, Case No. 37-2014-00012605-CU-OE-CTL, the California Supreme Court weighed in on two important issues pertaining to meal periods. First, the Court held that California employers cannot round time punches for meal periods (although it is arguably permissible for work start and stop times). Second, the Court held that employee time records showing non-compliant meal periods raise a rebuttable presumption of meal period violations and are sufficient to defeat a defendant’s dispositive motion for summary judgment. The Court emphasized that California’s meal period requirements are designed to prevent even minor infringements on employees’ meal periods and that rounding employees’ meal period time punches for even a
Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show.