BERNSTEIN & FRIEDLAND, P.C.

Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

Minimum Wage Increases Effective July 1, COVID Developments, and Other Mid-Year Employment Law Updates

California employers should be aware of a number of major developments in the employment laws applicable to the second half of 2022, including: Minimum Wage Increases While the CA state minimum wage has adjusted annually on January 1 the last several years, many CA cities and counties increase their minimum wage each July.  Below is a list of some of the cities that will see

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June 24, 2022

CA Supreme Court Issues Critical Ruling on Meal Breaks and Timekeeping Policies

Under well-settled California law, hourly, non-exempt employees who work more than 5 hours in a day are legally entitled to a 30-minute, uninterrupted, unpaid, and duty-free meal period that must begin before the employee works more than 5 hours.  Hourly employees who work more than 10 hours in a day are legally entitled to a 30-minute, uninterrupted, unpaid, and duty-free meal period that must begin

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March 3, 2021

CA Supreme Court Holds Employers Cannot Require Employees to be “On-Call” During Legally Required 10-Minute Rest Breaks and Affirms $90 Million Judgment Against Security Company

A few weeks ago, the California Supreme Court in Augustus v. ABM Security Services, Inc. affirmed a $90 million judgment in favor of a class of more than 14,000 security guards, finding that their employer failed to provide legally compliant 10-minute rest breaks where the guards were required to remain “on call” during their breaks – they needed to keep their radios and pagers on, remain vigilant,

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January 4, 2017

California Governor Extends Meal and Rest Break Penalties to Missed “Recovery Periods” Taken By Outdoor Workers

With narrow exceptions, existing California law requires employers to make available to hourly workers meal and rest breaks throughout the workday.  Employers who prevent hourly employees from taking legally compliant meal and rest breaks must pay a penalty of one hour of pay for each missed meal or rest break—up to a maximum penalty of two hours of pay per workday. In SB 435, Governor

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October 14, 2013

California Supreme Court Issues Seminal Decision on Meal and Rest Breaks

After a long wait, the California Supreme Court finally issued its much-anticipated ruling in Brinker Restaurant Corp. v. Superior Ct., 53 Cal. 4th 1004 (2012), resolving several unanswered questions regarding employers’ obligations with respect to employee meal and rest breaks. First, the Supreme Court concluded that with respect to meal breaks, employers fulfill their obligations under the California Labor Code when they relieve their employees of

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April 20, 2012

Stunning $167 Million Verdict to Plaintiff Alleging Sexual Harassment and Retaliation by Her Employer

A Sacramento jury in federal court has awarded more than $167 million to Ani Chopourian, who alleged that her former employer, Dignity Health (formerly known as Catholic Healthcare West), sexually harassed her and illegally retaliated against her for repeatedly complaining about patient and employee safety, abuse against women, and unsafe hospital conditions. In this case, the jury heard evidence that during the plaintiff’s employment with

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March 19, 2012

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