California Supreme Court Strikes Down Rounding Time Programs For Meal Breaks | Shook, Hardy & Bacon L.L.P.
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. Revers...