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The operations of Louis Vuitton’s distribution center in Ontario, California are at the center of a newly-filed lawsuit, one in which a former employee claims that he – and hundreds of others – engaged in work-related tasks off-the-clock, such as pre-shift temperature checks, and pre- and post-shift security checks, but were not compensated for the time required to do so. As a result, Troy Crossley asserts in the complaint that he filed in a federal court in California last week, staffing agency Manpower U.S. and logistics company Kuehne + Nagel are on the hook for violating the various labor laws, including the Fair Labor Standards Act.
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
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.
Service Workers
Employers are also required to identify the number of employees by race, ethnicity, and sex whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey. To do so, the employer must calculate the total earnings for each employee for the entire reporting year, whether or not the employee worked a full calendar year. Lastly, the report must include the total number of hours each employee worked in each pay band.
To avoid duplicative reporting, if an employer is required to submit an EEO-1 under federal law (which provides substantially similar data), the employer may submit a copy of the same report to the DFEH. However, if an employer has multiple establishments, it must file a report for each establishment, as well as a consolidated report. Per S.B. 973, the first annual report will be due on or before March 31, 2021, and subsequent annual reports will be due on or before March 3