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    « Another Class Certification Denial Reversed | Main | Old Wage Orders »


    B. F. King

    Even though it is unpublished, I am slightly troubled by the contradictions in this opinion.

    On one hand, the court acknowledges that a class certification determination must focus on the proponent's theory of liability. On the other hand, the court disregards plaintiff's theory that an employer has an obligation to ensure that meal breaks are taken.

    By sending the matter back for a determination on the primary legal issue of liability, this case further blurs the already amorphous distinction between class certification and summary judgment.


    All I can say is UNBELIEVABLE!

    In denouncing the trial court's "rolling 5-hour meal period" ruling, the Court of Appeal has openly sanctioned the practice of early lunching:

    1.) Working an employee 15-30 minutes (e.g., 8:00am - 8:30am),

    2.) Sending the employee on a 30-minute lunch break (e.g., 8:30am- 9:00am), and then

    3.) Forcing the employee to work up to 9.5 hours straight (e.g., 9:00am - 6:30pm) with no additional meal break.

    Yeah, I'm sure that's what our legislators had in mind when they enacted LC 512.


    i'm with BP.

    i thought the court’s rejection of the five-hour “block of time” before a meal break rule, in favor of the one meal break per five-hours-in-a-day rule was significant.

    a former Labor Commissioner took the view it was illegal to have employees work longer than a five-hour block of time without a meal break; however, a more recent Labor Commissioner withdrew the old “opinion letter” (although it's withdrawn, you can still see it at online).


    Just fyi - the Annual Hospitality Law Conference features a presentation entitled "Special Employment Issues in California and Other 'Interesting' Jurisdictions." California employers seem to be more susceptible to lawsuits, labor campaigns and wage and hour complaints. This presentation will examine the realities of managing and developing hotels and restaurants in California and how events in California can be a barometer for what is likely to be adopted in other states.

    Check out for more info.

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