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39 search results for: meal break


Missed Meal Break Claims Results in Multiple Violations

Almost every wage and hour lawsuit and Labor Commissioner claim that I’ve seen in the past 10 years has included a claim for missed meal and/or rest breaks. Employers who fail to provide at least one half-hour unpaid meal break whenever an employee works more than 5 hours is liable for one hour’s pay at […]


Employers Cannot Control Rest Breaks

Rest Breaks – Controlled or Uncontrolled? I previously wrote about  Augustus v. ABM Securities, where an appellate court said employers could require employees to remain “on-call” during paid rest breaks. I cautioned that the case was on appeal, and the Supreme Court could reach a different conclusion. It did. The California Supreme Court concluded: state law […]


On-Duty Meal Agreement in Care Homes

  Most employees in California are entitled to a 30-minute uninterrupted meal break when the employee works at least 5 hours in a day. Employers that fail to provide the required meal break may be subject to a penalty equal to one hour at the employee’s regular rate of pay.  When “the nature of the […]


On-Call Rest Break Claim Appeal Granted

Did employee received compliant rest break while they were on-call? In January I posted an article about Augustus v. ABM Securities.  In that case, the appellate court held that employees were provided a compliant rest break even though the employees were technically “on-call” and had to carry pagers and/or radios during their breaks.  Well, the California Supreme Court […]


The Magnificent Seven Wage and Hour Rules

The Magnificent Seven The Magnificent Seven is one of my all-time favorite movies. The story is timeless and has been adapted several times. Yes, I know the Magnificent Seven is an adaptation of Akira Kurosawa’s Seven Samurai. Even Pixar came out with it’s own version in A Bug’s Life. I never tire of the story-line […]


Employer Cannot Combine Rest Periods

California law requires employees to receive a paid 10-minute rest period for every 4 hours worked, or major fraction thereof.  California employees are also entitled to an unpaid 30-minute meal break whenever the employee works more than 5 hours in a day.  The rest periods are supposed to occur in the middle of each 4-hour […]


Hours Worked for Calculating Worker Pay

What are the “Hours Worked” for Purposes of Calculating Employee Pay? Employers must pay employees for all “hours worked.”  But does an employer have to pay an employee when the employee is not actually rendering services on behalf of the employer?  The answer may surprise you. Definition of Hours Worked The Industrial Welfare Commission, the […]


Recent Employment Cases Effecting California Workplaces

The following is a compilation of recent employment cases effective California workplaces. California and federal courts and administrative decisions alter the landscape and refine the relationship between companies and their employees.  The Nuddleman Law Firm stays abreast of recent developments so we can better serve our clients. December 2015 Santa Monica College Faculty Association v. […]


Facts and Myths Regarding Employee Handbooks

Are All Employers Required to Have Employee Handbooks? HR professionals and employment attorneys recommend employee handbooks for most companies, but there are no statutes or cases that require employee handbooks.  An employee handbook centralizes the company’s policies, sets forth the company’s expectations for its workforce and describes the benefits available to its employees.  While the […]