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

Duration: 90 Minutes
Meal & Rest break obligations are areas where employers often get into trouble. Meal & Rest break class actions are some of the most expensive forms of litigation in California for employers. On May 8, 2018, the court in Ibarra v. Wells Fargo Bank entered an order awarding Plaintiffs who filed a class action against the bank $97.2 million for rest break violations. The original complaint alleged various wage and hour violations, and after the parties filed cross motions for summary judgment, all but the rest break claims were dismissed. The claims were brought under Labor Code section 226.7 and derivative claims under California's Unfair Competition Law (Business & Professions Code section 17200). California labor laws are some of the strictest in the nation and employers and businesses need to know where their exposure lies in order to avoid costly errors.
DLSE-Compliant Meal and Rest Breaks
Product ID: 508884
Objectives of the Presentation
  • Meal & Rest Break Rules - the Law
  • Dealing with piece-rate workers
  • Penalties for violations
  • Determining the "Regular Rate" for employees
  • Requirements for "Off-Duty" meal breaks
  • How to handle employees who do not wish to take a meal break
  • Making clear policy statements
Why Should you Attend
California labor laws are very strict and businesses that violate them are subject to paying back wages with interest and a considerable number of penalties. To avoid substantial payments of penalties and possibly other sanctions, businesses and employers should be well-versed in the requirements for businesses under the California labor codes.

Areas Covered
  • Basic California law regarding meal & rest breaks
  • Calculating when you must offer a meal break and when you do not
  • Recording meal breaks
  • Policy statements as a defensive measure
  • Consequences & penalties for failing to offer a meal/rest break
  • Waivers & on-duty meal periods
Who will Benefit
All industries and businesses that have employees and are subject to the California Labor Codes.

Topic Background
The California rules regarding meal and rest break periods are numerous and complex. In California, the industrial welfare commission wage orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a "major fraction" of four. A rest period is not required for employees whose total daily work time is less than three and one-half hours. Because these rules are complicated and California treats any infraction of the rules as an intentional violation, its incumbent upon the employer to make sure it is familiar with and complies with all of the rules in California.
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Instructor Profile:
Melvin K. Patterson, an attorney licensed to practice before all state and federal courts in California, was General Counsel to Cedrus Investments Limited, an international financial services firm with offices around the globe. He is a member of the Labor & Employment Section of the California State Bar. He has been admitted to the United States District Court for the Northern District of California as well as the United States Ninth Circuit Court of Appeal. Mr. Patterson is experienced in Labor and Employment litigation and transactional matters in the U.S., Asia and the U.K. He has designed internal business policies, procedures and management structures, as well as inter-corporate relationships and has been a business owner himself.

Mr. Patterson is an experienced trial litigator who has handled numerous business and commercial matters for over 20 years on behalf of an elite clientele around the world. He has defended clients in matters brought against companies by employees, commercial business agreements and government regulatory matters.

Mr. Patterson holds a Doctor of Jurisprudence degree from the John F. Kennedy University School of Law, as well as a Certificate in Strategic Human Resource Management from Cornell University. He has also earned the American Jurisprudence Award, completed specialized training in Assessing Economic Damages, Forensic Discovery and Preservation of Electronic Evidence and Data.

Mr. Patterson was nominated to the National Dean's List and has been a speaker before such groups as the Asian Pacific American Law Students Association, is a past contributing editor to California Motions In Limine (The Rutter Group) and has been a columnist for the "The Docket", the news and information journal of the San Mateo County Bar Ass'n. He has a knowledge of Korean, Japanese and Spanish languages.
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