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California's Meal and Rest Period Rules: Proactive Strategies For Compliance - 9th Edition

Richard J. Simmons
Castle Publications

In the 2023 edition of his publication, California’s Meal and Rest Period Rules: Proactive Strategies For Compliance, Attorney Richard J. Simmons of Sheppard Mullin provides a detailed analysis of California’s rules and standards for employers. The California Supreme Court has recently issued 3 landmark decisions involving the state meal and rest period rules. Each of these decisions reached conclusions directly harmful to California employers and businesses and each irreversibly changed the obligations employers must address. Further, each identified risks and liabilities that make the California rules far more costly than the federal rules and those of virtually every other state in the country. The cases are emblematic of the reason employers that can operate their businesses in other states have huge economic incentives to do so.

This new edition surveys the new Supreme Court decisions in Naranjo v. Spectrum Security, Ferra v. Loews and Donohue v. AMN Services as well as other cases. More uniquely, it contains a chapter on proactive strategies employers should evaluate to assist their efforts to construct and administer policies and systems to comply with the law. Among other features, the new edition includes a detailed discussion of “auto-pay systems” designed to aid in compliance and the avoidance of expensive litigation.

The new edition is designed to assist employers to understand and address their legal obligations, train their supervisors, and update their policies and practices. It also describes “best practices” and lays out over 20 proactive approaches that can aid employers to avoid and defend costly lawsuits. Sample forms are included to remind new and existing employees of their right to meal and rest periods and secure their cooperation.

Among the numerous subjects covered are the following:

  • Solutions To Problems Caused By The Donohue Decision
  • California’s Unique Meal And Rest Period Rules
  • Penalties & Premiums
  • Exceptions And Exemptions From The Meal And Rest Period Rules
  • The Importance Of Training Supervisors
  • Break Scheduling Practices And Strategies
  • Class Action Lawsuits
  • Rules Regarding Combining Meal Periods
  • State & Federal Rules
  • Meal Time Rounding Issues
  • Meal & Rest Period Charts
  • Proactive Approaches And Solutions
  • The California Supreme Court’s Meal And Rest Break Decisions In Naranjo v. Spectrum Services, Ferra v. Loews, Donohue v. AMN, Augustus v. ABM, Brinker Restaurants, And Gerard v. Orange Coast
  • Off-The-Clock Work
  • Attorney’s Fees
  • Potential Value Of Using Drop-Down Menus To Certify Compliance
  • Sample Forms & Compliance Tips
  • Labor Commission Opinions
  • Timekeeping Obligations
  • Timing Of Meal & Rest Periods
  • Waivers
  • The Consequences Of An Employee’s Choice To Work Through Or Delay Breaks

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