Category Archives: Rest Breaks

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Overview of Recent Updates for Employers in the Commercial Trucking Industry

Adam RosenthalRobert FosterBy Adam Rosenthal and Robert Foster on Posted in Department of Labor, Health, Illness and Injury, Meal Periods, Occupational Safety, Rest Breaks
The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure.  Now, as states and businesses around the country gradually reopen and truck deliveries begin to ramp up, employers in the commercial trucking industry should be aware of … Continue Reading

California’s Meal and Rest Break Rules for Commercial Motor Vehicle Drivers Remain Preempted by Federal Law . . . For Now

Corrine HaysPaul CowieBy Corrine Hays and Paul Cowie on Posted in California Employment Legislation, Class Actions, Meal Periods, Rest Breaks, Wage and Hour
Signaling another positive development for interstate motor carriers operating in California, the United States District Court for the Central District of California (the “Central District”) recently dismissed a truck driver’s claims that motor carrier U.S. Xpress failed to provide a class of drivers with legally required meal and rest periods compliant with California law. See, … Continue Reading

Supreme Court Holds That Rest Periods Must Be Free From Duties And Employer Control

Richard J. SimmonsJason KearnaghanBy Richard J. Simmons and Jason Kearnaghan on Posted in California Employment Legislation, Rest Breaks, Wage and Hour
On December 22, 2016, the California Supreme Court issued a critical decision in Augustus v. ABM Security Services, Inc., 2016 D.J. 12608 (2016), relating to California’s rest period obligations.  The California Supreme Court declared that state law prohibits on-duty and on-call rest periods.  It stated that employers must (1) relieve their employees of all duties … Continue Reading

Changes to California’s Piece-Rate Compensation Requirements

Hilary HabibBy Hilary Habib on Posted in California Employment Legislation, California Legislative Update, Payroll, Rest Breaks, Wage and Hour
Assembly Bill 1513, will significantly change the requirements governing the payment of piece-rate compensation in California beginning January 1, 2016.  AB 1513 creates Labor Code section 226.2 which sets forth requirements for the payment of a separate hourly wage for rest and recovery periods and for “other nonproductive time” worked by piece-rate employees.  AB 1513 … Continue Reading

Employers Are Not Required to Relieve Employees of All Duty During Rest Breaks

By Sheppard Mullin on Posted in Class Actions, Rest Breaks, Wage and Hour
UPDATE: California Supreme Court grants review in Augustus v. ABM Security On April 29, 2015, the California Supreme Court granted review of Augustus.  Accordingly, the published decision is no longer citable and the Supreme Court will decide whether an employer must relieve employees of all duty during paid rest breaks.  We will keep you posted … Continue Reading
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