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March 2016 UPDATE:

Special Update-March 2016
In This Issue


 







Dear Don,

   Jury Awards Taco Bell Workers 1/2 $Million in Meal & Rest Pay Case
 
  Importance of Correct Employee Handbook

Mid-March: A federal jury recently awarded Taco Bell workers approximately $496,000 in a class action case that alleged meal and rest period violations. The company ended up in court because of problems with its policy on meal breaks and rest periods.

According to the Law360 report, Taco Bell faced litigation because its employee handbook policy did not meet California's strict meal and rest break requirements. Evidence submitted at trial alleged that Taco Bell used a meal period "matrix," which reflected a policy of providing the meal after five hours of work, instead of before. The matrix was printed in Taco Bell's employee handbook.

More than 134,000 workers claimed that Taco Bell failed to properly provide meal breaks before the fifth hour of work as required by California law. The workers also claimed that the company failed to provide the right number of rest breaks. The jury didn't side with the workers on either of these claims - which spanned a 10-year period and would have cost the company a lot more than the nearly half-a-million dollars it eventually was fined.

While not winning on all their claims,  the workers did win on their claim that Taco Bell failed to properly pay them when a meal break was skipped. If an employer fails to provide an employee a meal period, the employer must pay the employee one additional hour of pay at the employee's regular rate of compensation (Labor Code, sec. 226.7). This is often referred to as "premium pay."

The Taco Bell workers claimed that the company paid them only 30 minutes of wages when a meal period was skipped, rather than the full hour of required premium pay. The jury agreed. And, regardless of the eventual amount of the verdict, this litigation dates back to 2007; litigating these types of class action lawsuits is a costly battle. 
 
 
  1. Employers must allow employees to take meal periods at the proper time.  It's That Simple.
  2. This case demonstrates the challenges California employers face in the ever-persistent litigation over meal and rest periods.
  3. Meal and rest break policies ought to stress the legally required timing of meal breaks and not be open to interpretation.
If there are topics you would like to see covered in future newsletters, please let us know.  This email address is being protected from spambots. You need JavaScript enabled to view it.  
 
New 2016 Laws Require Your Adherence! ...
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