New CA Meal Break Case, 5-7-25
New CA Meal Break Case
Is a written prospective waiver of a meal break effective for shifts between five and six hours?
Last month, the California Court of Appeal decided this issue of first impression. Below is my one-paragraph summary of this new decision:
Bradsbery v. Vicar Operating, Inc. (2025) __ Cal.App.5th __, 2025 WL 1155812: The Court of Appeal ruled on an issue of first impression regarding meal breaks. Can an effective mutual waiver by an employer and employee of the 30-minute meal period after five hours of work, occur prospectively and in writing pursuant to Labor Code Section 512, which provides that for shifts between five and six hours the first meal period may be waived by mutual consent of both the employer and employee? The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ wage and hour action alleging that defendant failed to provide employees with the meal periods required by section 512 and IWC Wage ...
New CA Employment Case
Last month, the Fifth District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Employment Case Â
Cruz v. City of Merced (2023) _ Cal.App.5th _ , 2023 WL 5949217: The Court of Appeal reversed in part, and affirmed in part, the trial court’s order denying petitioner’s challenge to the decision of the City Manager of respondent to terminate petitioner from the police force, even though the personnel board (Board) had determined, in an appeal of petitioner’s initial termination, that respondent failed to show petitioner had submitted a false police report or had conducted an illegal search, but concluded that petitioner was not truthful in explaining certain details concerning the search and recommended that petitioner be demoted without backpay instead of terminated. The Court of Appeal concluded t
...New CA Employment Case
Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Employment Case Â
Kuciemba v. Victory Woodworks, Inc. (2023) _ Cal.5th _ , 2023 WL 4360826: Answering two questions of California law certified from the United States Court of Appeals for the Ninth Circuit concerning the scope of an employer’s liability when an employee’s spouse is injured by transmission of the virus that causes the disease known as COVID-19, the California Supreme Court ruled that if an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, the California Workers’ Compensation Act (WCA; Lab. Code, § 3200 et seq.) does not bar the spouse’s negligence claim against the employer. However, it also ruled that an employer does not owe a duty of care under California law to prevent the spre
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