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DLSE-Compliant Meal and Rest Breaks: How to Master Calculations and Ensure that Off-the-Clock Is Really Off-Duty - On-Demand

DLSE-Compliant Meal & Rest Breaks: Master Calculations & Ensure that Off-the-Clock Is Really Off-Duty - On-Demand

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DLSE-Compliant Meal and Rest Breaks: How to Master Calculations and Ensure that Off-the-Clock Is Really Off-Duty - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to comply with DLSE meal and rest break rules and avoid penalties.

Meal and break lawsuits continue to plague California employers. And, the California Supreme Court’s ruling in Augustus v. ABM Security Services, Inc. is anticipated to give rise to a new wave of litigation surrounding rest breaks. This should be particularly concerning for employers who permit their employees to schedule and regulate their own rest breaks.

Also, employers who pay employees using piece rate or commission-based incentives should ensure that they are compliant with rest break compensation requirements set forth in the 2017 decision Vaquero v. Stoneledge Furniture, LLC, as well as Labor Code 226.2, also known as AB 1513. Unfamiliarity with these requirements can result in failure to pay minimum wage claims and significant liability in the form of back wages and penalties.

Consider, too, that the California Supreme Court issued a decision on March 5, 2018 in Alvarado v. Dart Container Corporation of California. This decision highlights the significance of DLSE guidance which, although is non-binding, can be cited by courts for rationale to support its decision.

And, an appeals court has decided the class action lawsuit in Alberts v. Aurora Behavioral Health Care may proceed. In the case, employees claim their employer was purposely understaffed, effectively denying them the chance to take their legally mandated breaks. This case puts the legal risks of failure to comply with applicable wage and hour rules in the spotlight and underscores how an employer may wind up 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?

Use this all-new on-demand webinar that will explain the key questions you should be able to answer to keep your company in legal check concerning how meal and rest breaks are taken and recorded. 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.

You’ll learn:

  • Fundamentals of employee breaks in California, including the difference between a meal break and rest break, and your basic compliance obligations for each
  • 7 questions you should always be prepared to answer to help figure out if your company is compliant with applicable California meal and rest break rules
  • “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
  • What to expect from a DLSE claim, conference, and hearing
  • What to expect from a DLSE audit and how to be prepared for a visit from the Labor Commissioner
  • And much more!

About Your Presenter:

John Lai, Esq.John Lai, Esq.
Fisher Phillips LLP

John Lai, an associate in the Irvine, California, office of Fisher Phillips, focuses his practice on counseling, planning, and advocacy for employers in all areas of labor and employment law, with a focus on wage and hour, leave laws, data security and privacy, and workplace safety. Mr. Lai is a member of the firm’s Security and Privacy Practice Group and is a regular contributor to the firm’s Privacy and Cyber Security blog. Mr. Lai received his J.D. at Northwestern University School of Law. Prior to law school, he worked as a software engineer.

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