DLSE-Compliant Meal and Rest Breaks: Master Calculations, Understand Prohibition on Waivers, and Ensure that Off-the-Clock is Really Off-Duty
Live Webinar: Wednesday, April 12, 2017
1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific
The state supreme court’s landmark ruling in Brinker Restaurant Corp. has been around for several years now—but employee meal and break lawsuits continue to plague California employers.
Consider the recent revival of a class action case, Alberts v. Aurora Behavioral Health Care, where employees claimed their employer was purposely understaffed, effectively denying them the chance to take their legally mandated breaks. An appeals court has allowed the lawsuit to continue, and the employer could be on the hook for costly damages.
Similarly, a $2 million verdict has been handed down in a case where Apple workers in California claimed they weren’t provided timely meal breaks.
If challenged by the Divisions of Labor Standards Enforcement (DLSE) or a judge/jury, would your policies and practices regarding meal and rest breaks show compliance? To avoid legal fallout, you should be able to correctly answer questions such as:
- What if the employee doesn’t take the break offered?
- What constitutes an off-duty meal break?
- When must rest breaks be offered, and to whom?
- Can an employee waive his or her meal break?
- Can an employee take an on-duty meal break?
- Can meal and rest breaks be moved or “clumped” within a shift if the employee or employer would prefer that?
Join us on April 12 for answers to these questions and more. Our presenter, a skilled California-based employment attorney, will explain how to ensure that your meal and break policies and practices are in compliance with California law.
- Fundamentals of employee breaks in California, including the difference between a meal break and rest break, and your basic compliance obligations for each
- “Break Math” to master—and how to calculate when breaks must be offered, and how “major fractions” work
- Key takeaways from recent California meal and break lawsuits
- Techniques to help managers better communicate with employees about breaks, and how to make sure they understand one another—and comply with the law
- 4 conditions that make a meal break officially off-duty
- Specific consequences of failing to offer meal and rest breaks in California
- Systems for better managing break times to make sure everyone is getting what they need smoothly and accurately
- When to ask for waivers
- And much more!
In just 90 minutes, you'll gain an excellent working knowledge of one of the trickiest areas of California wage and hour law.
About Your Presenters:
Mark Jacobs, Esq.
Fisher Phillips LLP
Mark Jacobs is a partner in Fisher Phillip LLP’s Irvine office. His practice is focused on defending employment related lawsuits and administrative complaints on a variety of issues, including harassment, retaliation, and discrimination. He represents employers in both state and federal courts as well as before state and federal agencies, such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement.
Mr. Jacobs has experience in handling complex, multi-plaintiff harassment and discrimination matters, wage & hour and other administrative matters. A significant portion of his practice is devoted to preventive employee relations programs that include supervisory training and the development and administration of effective human resources policies and practices.
Mr. Jacobs is a frequent lecturer before trade groups, associations, insurance organizations, and private employers. He regularly conducts in-house management seminars and training sessions for executives, supervisors, managers, and human resources professionals in all aspects of labor and employment law, including hiring and firing, FMLA, ADA, arbitration, wage and hour compliance, and equal employment opportunity law.
Prior to joining the firm, Mr. Jacobs worked as a Legislative Aide in the California State Assembly and served as a Deputy Attorney General in the California Attorney General's Office.