Page 12 - Wage Orders News Today : Breaking News, Live Updates & Top Stories | Vimarsana

To embed, copy and paste the code into your website or blog: Over the last decade, courts have permitted California employers to use timekeeping policies that round employee time punches (e.g., to the nearest 10th of an hour) if the rounding policy is facially neutral and used in a manner that will not result over time in the failure to compensate employees properly for all time actually worked. However, whether rounding can be similarly used for California meal period compliance purposes has been an unresolved issue. On Feb. 25, 2021, the California Supreme Court held in Donohue v. AMN Serv...

Last week, in Donohue v. AMN Services, LLC, the California Supreme Court handed down a very important, if unsurprising, decision regarding wage and hour class actions. There are three critically important takeaways for employers: An employer cannot round employee meal period punches — only exact time will work, as any non-compliance (even as minor as one minute) will trigger liability to pay a meal period premium. Rounding the start time of an employee’s shift is also functionally prohibited because of the potential that it will result in an employee starting his or her meal period afte...

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

Let Me Tell You What It’s All About Jan-Pro Franchising, International, Inc. is a franchisor whose franchisees offer cleaning and janitorial services. In Vazquez v. Jan- Pro (“ Vazquez”), in May 2017, the Northern District of California granted Jan-Pro summary judgment in a case brought by independent contractor franchisees claiming they should have been treated as Jan-Pro employees. The plaintiffs then appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit. While the appeal was pending, the California Supreme Court issued its decision in Dynamex (which we previously p...

Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in determining whether a worker is an independent contractor or an employee. Vazquez v. Jan-Pro Franchising Int’l, Inc. The Facts Jan-Pro Franchising, International, Inc. is a franchisor whose franchisees offer cleaning and janitorial services. In May 2017, the U.S. Di...