By: Clara L. Rademacher and Ryan McCoy

Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the agency’s determinations preempting California and Washington’s meal and rest break rules. This includes the opportunity to respond to the California Attorney

Continue Reading FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf Of California And Washington Drivers

Authored by Kevin Young and Christina Meddin

Seyfarth Synopsis: Some states are known for setting high legislative bars with respect to employment rights and protections (looking at you, California). The State of Georgia isn’t one of them. Earlier this month, however, the Peach State broke its mold by enacting one of the most stringent lactation break laws in the country.
Continue Reading Not a Typo: Georgia Enacts a Stringent Employment Law

Co-authored by Kristin McGurn and Kevin Young

Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS Pharmacy, Inc. At issue were store policies, common in retail, that called for in-store key-holder coverage whenever
Continue Reading Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate Massachusetts Law

Co-authored by Howard M. Wexler and Louisa J. Johnson

Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action complaint alleging unpaid meal breaks. Just two days before Thanksgiving, in Babcock et al. v. Butler County

Continue Reading Meal Break Win in Third Circuit Gives Employers Reason to Be Thankful for More Than Thanksgiving Meals

Co-authored by Abad Lopez and Noah Finkel

Even in the face of an apparent victory, a company may be stuck with an unexpected and outsized attorneys’ fees tab.  In a recent case that highlights the multifaceted perils of drawn out litigation, the Tenth Circuit affirmed a $3.4 million attorneys’ fees award—even though the jury rejected the majority of plaintiffs’
Continue Reading Bittersweet Victory: Court Affirms $3.4 Million Attorney’s Fee Award Despite Plaintiffs’ Defeat on Majority of Claims

Authored by Michael W. Kopp

Ordonez v. RadioShack, Part II is the end-of-summer sequel you do not want to miss. It features our protagonist, the “uniform rest break policy,” a sinister cast of declarations of similar treatment, a harrowing finding of unlawfulness, a dramatic second run by plaintiff at class certification, and the court’s emphatic second opinion denying plaintiff’s
Continue Reading Uniform Break Policies Are Not Uniformly Suited for Class Treatment

Co-authored by Jacob Oslick and Timothy Rusche

California requires written waivers if an employee misses a second meal break, right? Not exactly, clarified the California Court of Appeal in Fayerweather v. Comcast Corp. Instead, a waiver only is needed if the employer makes an employee miss a second meal break and not if the break is voluntarily skipped. The court

Continue Reading The New Comcast Decision: Not Hungry? No Meal Break Waiver Needed.

Authored by Noah Finkel

California has long been regarded as the epicenter of wage and hour litigation.  It is where the most cases are filed. It has the most onerous wage and hour laws. And those laws contain the most draconian remedies.  Because of this, California wage and hour claims tend to carry higher settlement value than FLSA claims or
Continue Reading 1 California Class Member = 9 FLSA Collective Action Members

pipfun15.jpgCo-authored by Jon Meer and Brandon McKelvey

We recently reported about a California trial court judge in Los Angeles issuing the first post-Brinker ruling denying class certification in a proposed meal and rest period class action. On Friday, the ruling became final when the judge issued his order. This appears to be the first ruling in California to

Continue Reading Update: California Judge Ruling Dooming Meal And Rest Break Class Based On Brinker Becomes Final

Blog-CalSupCt.bmpCo-authored by Jon Meer and Brandon McKelvey

On Tuesday, a California trial court judge in Los Angeles issued a tentative ruling denying class certification in a proposed meal and rest period class action relying on the Supreme Court’s recent decision in Brinker. This appears to be the first court in California to deny class certification in a proposed wage-hour

Continue Reading California Judge Issues Tentative Ruling Dooming Meal And Rest Break Class Based On Brinker