Tag Archives: “California meal and break time laws”

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves Some Wiggle Room

Photo of Sabrina ShadiPhoto of Vartan MadoyanBy Sabrina Shadi and Vartan Madoyan on Posted in Meal and Rest Periods
On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation industry operating in California.  In plain terms, the question was whether California’s detailed meal and rest break requirements conflict with a … Continue Reading

Employers Win Some, Lose Some, in California Cases Started Prior to Dukes

Photo of Greg MersolBy Greg Mersol on Posted in FLSA, Meal and Rest Periods, Rule 23
Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a recent spate of cases reflects.  The Dukes case and others have certainly helped to level the playing field … Continue Reading

California District Court Refuses to Certify Retail Rest and Meal Period Case

Photo of Greg MersolBy Greg Mersol on Posted in FLSA, Meal and Rest Periods, Retail
In the wake of the California Supreme Court’s decision in Brinker Restaurant v. Superior Court, 165 Cal. 4th 1004 (2012) (see our post on the decision), cases refusing to certify rest and meal period have become far more common as a recent decision from the United States District Court for the Central District of California … Continue Reading

FAAAA Keeps “Trucking” Through California Meal and Rest Break Laws

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in FLSA
We have previously wrote about the recent success of California trucking companies defeating California meal and rest break claims by arguing that the laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA). Specifically, Esquivel v. Vistar Corp., No. 2:11–cv–07284–JHN–PJWx, 2012 WL 516094 *6 (C.D. Cal. Feb. 8, 2012) (discussed here), and Dilts v. … Continue Reading

California Supreme Court Decides Brinker

Photo of Greg MersolBy Greg Mersol on Posted in Meal and Rest Periods
Employers Prevail on Duty to Provide Meal Periods; Mostly Good on Certification “We will decide no case before its time.” Alright, that’s not really the California Supreme Court’s motto, but it certainly did take its time deciding the Brinker case. During the three and a half years the case was pending before the state Supreme … Continue Reading

Trucking Industry Gets Another “Break” From California Meal Period Rules: Federal Court Finds Route Drivers’ Break Claims Preempted By FAAAA

Photo of Sabrina ShadiBy Sabrina Shadi on Posted in FLSA, Wage and Hour
Following down the road paved late last year by the Ninth Circuit in Am. Trucking Ass’ns, Inc. v. City of Los Angeles, (ATA II), 660 F.3rd 384 (2011), and the Southern District of California in Dilts v. Penske Logistics LLC  (discussed here), Judge Jacqueline Nguyen in the Central District of California has dismissed a putative … Continue Reading

California Court Finds Meal and Rest Break Requirements Preempted

Photo of Sabrina ShadiBy Sabrina Shadi on Posted in FLSA, Meal and Rest Periods, Overtime Claims, Wage and Hour
Court Washes Out Meal and Rest Break Claims for Class of Whirlpool Drivers and Installers Tired of the stains those pesky meal and rest break requirements leave on your California operations? If your business is a motor carrier covered by the Federal Aviation Administration Authorization Act of 1994 (“FAAA Act”), some power to help clean … Continue Reading

Court Denies Certification of California Rest and Meal Period Class Against Apple

Photo of Greg MersolBy Greg Mersol on Posted in Meal and Rest Periods, Retail, Rule 23
Another court has denied certification of a rest and meal period case under California law, this one relying at least in part on the Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes, Case No. 10-277, 564 U.S.___ (Jun. 20, 2011).  While many courts are simply staying California rest/meal period cases pending the outcome, if there ever … Continue Reading
LexBlog