California Court of Appeal Holds That Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

by Rachel E. Davey
The Labor & Employment Law Blog

What is PAGA?

California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code, and assess and collect civil penalties for any such violations.  However, due to purported budget cuts and cited lack of state resources to prosecute such actions, in 2004, the Legislature enacted the Private Attorneys General Act of 2004 (PAGA),

Read More

Bad News for Employers: The California Supreme Court Disallows Rounding Meal Periods and Creates a Presumption that the Meal Period Law is Violated When Time Records Show Late, Interrupted, Or Missed Meal Periods

by Rachel E. Davey
The Labor & Employment Law Blog

Background:

Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no later than the end of the tenth hour of work.  Cal. Lab. Code § 512; IWC Wage Order No. 4-2001, § 11(A).  If an employer does not provide an employee with a compliant meal period, then “the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal .

Read More