California Supreme Court rules on handling meal and rest periods — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

California Supreme Court rules on handling meal and rest periods

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in Compensation and Benefits,Employment Law,Human Resources

THE LAW: The California Labor Code obligates employers to provide meal and rest periods to nonexempt employees during the workday. The code prohibits employers from requiring employees “to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission.”

Wage Order No. 5 subdivision 12 prescribes rest periods, while ­subdivision 11 (as well as section 512 of the Labor Code) prescribes meal periods. Employers that violate those requirements must pay premium wages.

WHAT’S NEW: In April, the Cali­­for­­nia Supreme Court finally issued its opinion in Brinker v. Superior Court (S166350, Supreme Court of California, 2012). In a major victory for California employers, the court issued clear rules on how and when employee meal and rest periods must be provided.

In addition, the justices provided additional important comments on the standards trial courts should apply when considering motions ...(register to read more)

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