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Category: Meal Periods

New Amended Section 218.5 restricts recovery for attorney fees by prevailing employer only to claims brought in bad faith

Posted on February 24, 2014February 24, 2014 by Ashish Gautam Posted in Attorney fees, Damages, Hours Worked, Meal Periods, Minimum Wages, Overtime, Rest Periods, Unpaid Wages

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 […]

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An employee’s work may not be simultaneously “exempt” and “nonexempt”

Posted on February 24, 2014February 25, 2014 by Ashish Gautam Posted in Hours Worked, Meal Periods, Minimum Wages, Misclassification, Overtime, Rest Periods, Unpaid Wages Tagged minimum wages, Misclassification, overtime, 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 […]

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Court of Appeal decides on grant and hold cases post Brinker

Posted on September 29, 2012February 24, 2014 by Ashish Gautam Posted in Brinker Decision, Class Action, Meal Periods, Overtime, Rest Periods, Unpaid Wages Tagged Brinker, Impact of Brinker

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 […]

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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 May 16, 2012February 12, 2014 by Ashish Gautam Posted in Attorney fees, Meal Periods, Minimum Wages, Rest Periods, Unfair Competition Law (UCL) Tagged Attorney's fees, Kirby decision, Meal Periods, minimum wage, Rest Periods, section 1194

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 […]

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Long-Awaited California Supreme Court Decision clarifies law on meal and rest breaks

Posted on April 21, 2012February 12, 2014 by Ashish Gautam Posted in Brinker Decision, Class Action, Labor Code Private Attorneys General Act (PAGA), Meal Periods, Overtime, Rest Periods, Unpaid Wages Tagged Brinker decision, class certification, employer'd duty to provide breaks, meal break timings, Meal Periods, overtime, rest break timings, Rest Periods

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 […]

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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 March 16, 2012February 12, 2014 by Ashish Gautam Posted in Labor Code Private Attorneys General Act (PAGA), Meal Periods, Rest Periods, Unpaid Wages Tagged Meal Periods, PAGA, Rest Periods, Section 558, Thurman, 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 […]

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Federal Aviation Administration Authorization Act (“FAAAA”) preempts delivery drivers’ claim based on California’s meal and rest break laws

Posted on March 14, 2012February 12, 2014 by Ashish Gautam Posted in Meal Periods, Preemption, Rest Periods, Unpaid Wages Tagged overtime, truck drivers

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 […]

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Recent Posts

  • Supreme Court permits state wide discovery of employee’s contact information in PAGA Representative Actions
  • Supreme Court says “no” to on-call rest periods.
  • $15 Million settlement in only PAGA action for suitable seating.
  • An employer is only liable to pay a premium for “overtime work” as defined in CBA and not Section 510
  • New Amended Section 218.5 restricts recovery for attorney fees by prevailing employer only to claims brought in bad faith

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