Appellate Court Rules a Collective Bargaining Agreement Validly Waived Employees’ Statutory Right to Meal Break
- Written by Jizell Lopez
On Monday, a California state appellate court upheld the dismissal of a proposed representative lawsuit under the Private Attorneys General Act that accused the supermarket chain WinCo Foods, LLC (“WinCo”) of forcing their employees to work through required meal breaks. As almost all employers are aware, an employer cannot force an employee to work more than five hours without providing a thirty minute meal period. The required meal period may be waived by mutual consent of both the employer and employee if the total work day is not more than six hours.
- Written by Gregory Blueford
Yesterday, a California appellate court ruled that an employer who fully complied with AB 1513’s safe harbor provision has an affirmative defense against any employee claims for failure to properly compensate piece-rate employees for rest and recovery (“R+R”) and/or other nonproductive time (“Other NPT”) for any time periods prior to and including December 31, 2015, and not just between July 1, 2012-December 31, 2015.