Meal Periods – AshiLegal

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 […]

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 […]

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 […]