In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried-and-true lessons about meal and rest breaks. As California employers look ahead to their 2022 goals and try to lessen their risk of class action employment claims based on meal and rest break issues, compliance with these decisions should be top of mind.
Donohue: Do Not Round, Do Use a Drop-Down Menu
The first case, Donohue, was about an employer that rounded time punches to the nearest preset time increment. The employer in Donohue also used a timekeeping system that prompted an employee who punched a noncompliant break to select whether (a) she was provided an opportunity to take a break but chose not to, (b) she was provided a chance to take a break but chose to take a shorter break, or (c) she was not provided an opportunity to take a break.
The Donohue court held that timekeeping records reflecting meal breaks out of step with wage and hour rules (e.g., too short, too late or missed altogether) raise a rebuttable presumption that the employer has violated the law. Donohue reaffirmed the holding of Brinker Restaurant Corp. v. Superior Court of San Diego County that employers need only provide meal breaks rather than ensure employees take them. Donohue, however, threatens to turn the burden of proof on its head, with serious implications for class litigation. Under Donohue, timekeeping records that...
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