The California Supreme Court decision in Kirby v. Immoos Fire Protection, Inc. (2012) 53 Cal.4th 1244, 274 P.3d 1160 held that Section 218.5 is a two-way fee-shifting provision and does not apply to claims to recover additional wages for the […]
Category: Meal Periods
An employee’s work may not be simultaneously “exempt” and “nonexempt”
Posted on Posted in Hours Worked, Meal Periods, Minimum Wages, Misclassification, Overtime, Rest Periods, Unpaid Wages
Heyen v. Safeway Inc. (2013) 216 Cal.App.4th 795, 157 Cal.Rptr.3d 280 Plaintiff/Respondent Linda Heyen, was an assistant manager for defendant’s store. After Defendant terminated Heyen, she claimed unpaid overtime pay, contending misclassification as an exempt employee even though most of […]
Court of Appeal decides on grant and hold cases post Brinker
Posted on Posted in Brinker Decision, Class Action, Meal Periods, Overtime, Rest Periods, Unpaid Wages
An overview of Muldrow v. Surrex Solutions Corp. (2012) 146 Cal.Rptr.3d 447, 12 Cal. Daily Op. Serv. 998; Hernandez v. Chipotle Mexican Grill, Inc. (2012) 146 Cal.Rptr.3d 424, 12 Cal. Daily Op. Serv. 10 (as modified Sept. 25, 2012) and In […]
California Supreme Court clarifies that no attorney fees can be recovered under Section 1194 and/or Section 218.5 for meal and rest period violations
Posted on Posted in Attorney fees, Meal Periods, Minimum Wages, Rest Periods, Unfair Competition Law (UCL)
Kirby v. Immoos Fire Protection, Inc. (2012) 53 Cal.4th 1244, 274 P.3d 1160 Background and Court History: Plaintiffs Anthony Kirby and Rick Leech, Jr., sued defendant Immoos Fire Protection, Inc. (IFP) and multiple Doe defendants for violating various labor laws […]
Long-Awaited California Supreme Court Decision clarifies law on meal and rest breaks
Posted on Posted in Brinker Decision, Class Action, Labor Code Private Attorneys General Act (PAGA), Meal Periods, Overtime, Rest Periods, Unpaid Wages
Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 273 P.3d 513 Background: Hourly nonexempt employees filed a class action lawsuit against Defendant employer Brinker which owns and operates several restaurants throughout California. A class of just under 60,000 […]
Unpaid Wages under Section 558 can be recovered as a penalty; IWC wage order provision should be “enabled” by a statute to bring a private right of action; PAGA penalties for rest break violations can be collected under Section 558; Court may upon discretion, reduce the amount of a civil penalty
Posted on Posted in Labor Code Private Attorneys General Act (PAGA), Meal Periods, Rest Periods, Unpaid Wages
Thurman v. Bayshore Transit Management, Inc. 203 Cal.App.4th 1112, 138 Cal.Rptr.3d 130 Background: In January 2004, Amalgamated Transit Union, filed a representative action on behalf of its member bus drivers who worked in and around National City, California, alleging that […]
Federal Aviation Administration Authorization Act (“FAAAA”) preempts delivery drivers’ claim based on California’s meal and rest break laws
Posted on Posted in Meal Periods, Preemption, Rest Periods, Unpaid Wages
Esquivel et al. v. Vistar Corp. et al. Not Reported in F.Supp.2d, 2012 WL 516094 (C.D.Cal.) Background: Plaintiffs were employed as route delivery drivers. Plaintiffs brought a class action against employer alleging that, throughout their employment, Defendant scheduled their delivery […]