California Supreme Court

California Court of Appeals Seal2.pngCo-authored by George Preonas and Hayley Macon

On July 23, 2012, in Harris v. Superior Court (Liberty Mutual Ins. Co.), a case that the California Supreme Court previously had reversed and remanded, the California Court of Appeal stuck by its prior conclusion and held that insurance claims adjusters do not qualify for the administrative exemption from overtime pay requirements.


Continue Reading California Court of Appeal Significantly Narrows Administrative Exemption

Blog-MandRBreaks.jpgCo-Authored by Sophia Kwan and Brandon McKelvey

On Monday, the California Supreme Court held in Kirby v. Immoos Fire Protection, Inc. that neither plaintiffs nor defendants can recover attorney’s fees in meal or rest break cases under statutes that provide attorney’s fees in actions to recover “wages.” The decision is largely favorable to employers as it decreases incentives for plaintiffs’


Continue Reading California Supreme Court Says Neither Party Gets Attorney’s Fees In Meal And Rest Period Suit

Seyfarth news alert.JPGCo-authored by Dana Peterson, Brandon McKelvey, and Sophia Kwan

 Today, the California Supreme Court issued a lengthy opinion in its long-awaited “meal and rest break” case, Brinker Restaurant Corp. v. Superior Court

Here’s a brief summary of the opinion’s surprisingly favorable results to employers:

 •           Meal breaks.  Employers must “provide” their non-exempt employees with 30-minute meal


Continue Reading California Supreme Court Issues Major Meal and Rest Period Decision This Morning

Cal. Seal.jpgCo-authored by Jeffrey Berman, Dana Peterson, and Brandon McKelvey

The California Supreme Court announced today that it will issue its decision at 10:00 a.m. tomorrow in the much-anticipated meal and rest period case of Brinker Restaurant Corp. v. Superior Court.  The Court is expected to decide whether California employers must ensure that employees actually take meal periods,


Continue Reading Long-Awaited Brinker Decision On California Meal And Rest Period Laws To Issue Tomorrow

seyfarth.pngCo-authored by Jeffrey Berman and Brandon McKelvey

We previously reported that a San Diego Superior Court found See’s Candy Shops violated California law by rounding employee time entries to the nearest six minutes, and that the California Supreme Court ordered the Fourth District Court of Appeal to review the case and decide the rounding issue.  On Monday, Seyfarth filed the


Continue Reading Rounding Up Employers: Seyfarth Files Amicus Brief In Important Pay Practices Case

time-clock_preview.jpgCo-authored by Jeffrey Berman and Brandon McKelvey 

We recently reported that a San Diego Superior Court found that See’s Candy Shops violated California law by rounding employee time entries to the nearest six minutes.  The Fourth District Court of Appeal let the ruling stand.  Yesterday the Supreme Court ordered the Court of Appeal to review the case and decide


Continue Reading California Supreme Court Orders Appellate Court To Decide Whether Employers Can Round Time Entries

CD_CA_seal.jpgCo-Authored by Brandon McKelvey and Sophia Kwan

Yesterday, Federal District Court Judge John A. Kronstadt (Central District of California) denied certification to a proposed class of over 5,000 grocery employees at all WinCo Foods warehouse grocery stores in California.  In Hughes v. WinCo Foods, plaintiffs sought to certify a class of all hourly employees at WinCo stores in California


Continue Reading Seyfarth Defeats Class Certification for WinCo Foods: Federal Judge Uses Dukes To Deny Certification To Large Class Of Grocery Employees Alleging Late Lunches

125px-CA_SC_seal.pngAuthored by Kimberly Brener.

On December 29, 2011, four years after granting review, the California Supreme Court decided Harris v. Superior Court, holding that the Court of Appeal mistakenly concluded that claims adjusters, as a matter of law, do not qualify for the administrative exemption.  Employment lawyers had hoped that the Supreme Court would use this occasion to


Continue Reading California Supreme Court Weighs In (Or Some Might Say “Punts”) On The Administrative Exemption

employee meal break.jpegAuthored by Brian Ashe and Laura Reathaford

Today, the California Supreme Court heard oral argument in the long-awaited “meal and rest” case: Brinker Restaurant Corp., et al v. Superior Court.  The main issue in this case is whether an employer is only required to make meal periods available to employees or whether an employer has an affirmative obligation to ensure that


Continue Reading Brinker Alert: California Supreme Court Hears Oral Argument on Meal and Rest Break Case

 Cal. Seal.jpgCo-authored by Kerry Friedrichs and Kimberly Brener

Almost four years after granting review, the California Supreme Court heard oral argument last week in Harris v. Superior Court, a case addressing the scope of the administrative exemption from California’s overtime pay requirements.  The Court’s decision, which will issue within the next 90 days, is expected to clarify a very


Continue Reading California Supreme Court Hears Oral Argument in Harris v. Superior Court