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Are you giving your California employees a break?
April 30, 2007
If you aren’t, under the recent decision by the California Supreme Court in Murphy v. Kenneth Cole Productions, your business may be liable to employees for monetary compensation for up to three years prior to the date of the failure to provide the required break.
My firm is offering a live program discussing this case and its implications on May 15. You can participate by registering in advance for either the live event at our offices in Los Angeles, or the online Webinar.
California’s break laws
California labor laws, which have been on the books for some time, require employers to give employees some form of rest and meal breaks during the work day. For example, for a typical eight-hour workday, an employee is usually (with some exceptions) entitled to a mid-day lunch break and two rest breaks-one before lunch, the other after lunch.
The break laws were amended in 2001 to add language requiring employers to pay employees for one hour at their regular compensation rate if the required break time isn’t given. What the California Supreme Court decided in mid-April in Murphy v. Kenneth Cole Productions is that employees can go back as far as three years from the date the break time wasn’t given in making monetary claims against employers for that one hour’s pay.
Do the math
It doesn’t require high-level computation skills to figure out that a break time claim going back three years, even by a minimum wage employee, can add up to a significant sum for a small business. If more than one employee is involved, of course the potential claims can multiply accordingly. And there are some outstanding issues concerning the computation of break time claims that may push the potential recoveries even higher. These issues will be discussed at the May 15 program.
What’s perfectly clear
The potential cost of failure to comply with California break laws can be high. Employers doing business in California who have not already conducted a careful review of their break policies to insure compliance should consult with experienced employment counsel.
The posts on this blog reflect the personal views of Jeffrey D. Neuburger, in his individual capacity, and do not necessarily represent the views of his law firm or his clients, and are not sponsored or endorsed by them. The information contained in this blog is provided only as general information for educational purposes, and no warranty or representation is made about the accuracy of the information provided. Blog topics may or may not be updated subsequent to their initial posting. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state.
Posted by Jeff Neuburger on April 30, 2007 | Comments (0)
