Currently under the Fair Labor Standards Act (“FLSA”), employers with 50 or more employees are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.”  Employers are also required to […]
Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. We take a look at some of the requirements employers should be aware of when reviewing their lactation accommodation policies here.
California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers
The Federal Motor Carrier Safety Administration (“FMCSA”) recently ruled that California’s meal and rest break rules are preempted by the Motor Carrier Safety Act (“MCSA”), 49 U.S.C. § 31141, as applied to property-carrying commercial motor vehicle drivers covered by the FMCSA’s hours of service regulations. The MCSA proscribes certain requirements for commercial motor vehicles operating […]
California Construction Industry, Are They The Next Ripe Target For Private Attorney General Act Claims? Hint-The Answer Is Yes.
In January, California ushered in a new law designed to strengthen wage protections for employees who work under private construction contracts. The law makes all “direct contractors” potentially liable for wages incurred by an employee of any subcontractor-at any tier. The statute attempts to limit the remedies to those of unpaid wages, fringe or benefit […]
Until recently, the California Labor Commissioner’s Office took the position that employers could require employees to stay on the work premises during ten-minute rest breaks, but they were required to let employees leave the premises during 30-minute meal periods. This position changed recently after the California Supreme Court’s decision in Augustus v. ABM Security […]
In California, employers are required to provide non-exempt employees with a ten minute paid rest break for every four hours worked or major portion of four hours worked (defined as anything more than two hours). A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a […]