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[co-author: Clinton Ford, Jr.] On Thursday, February 25, 2021, the California Supreme Court issued a long-awaited ruling addressing legal standards for meal period violations in 1 In its opinion, the court required strict compliance for providing meal periods, and specifically condemned the practice of rounding to the nearest time increment for meal periods. The court also clarified that a rebuttable presumption of liability applies when time records show shortened, delayed, or missed meal periods. In Donahue, the plaintiff filed a class action against her employer for failure to pay premiu...

To print this article, all you need is to be registered or login on Mondaq.com. On Thursday, February 25, 2021, the California Supreme Court issued a long-awaited ruling addressing legal standards for meal period violations in 1 In its opinion, the court required strict compliance for providing meal periods, and specifically condemned the practice of rounding to the nearest time increment for meal periods. The court also clarified that a rebuttable presumption of liability applies when time records show shortened, delayed, or missed meal periods. In Donahue, the plai...

To embed, copy and paste the code into your website or blog: Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action seeking meal period premium pay, the California Supreme Court reversed the Court of Appeal and held that employers cannot engage in the practice of rounding time punches in the meal period context, and that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. The Facts Kennedy Donohue was a nurse recruiter for AMN Services in its San Diego office from September 2012 to February 2014. AMN used a timekeeping system c...

If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now...

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...