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Donohue – Rethinking California Meal Period Claims

By Mark Kemple & Ashley M. Farrell Pickett on March 1, 2021
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On Feb. 25, 2021, the California Supreme Court issued its much-anticipated decision in Donohue v. AMN Services, LLC. The opinion answers two important questions: (1) whether “employers can[] engage in the practice of rounding time punches – that is, adjusting the hours that an employee has actually worked to the nearest preset time increment – in the meal period context,” and (2) whether time records that do not show that a facially compliant meal period was taken “raise a rebuttable presumption of meal period violations….”

Continue reading the full GT Alert. 

Photo of Mark Kemple Mark Kemple

Mark D. Kemple has broad trial experience in many areas of the law, including employment class and individual litigation, consumer class litigation, false advertising, and unfair competition, where he focuses on the defense of wage/hour class actions and individual employment claims. He is…

Mark D. Kemple has broad trial experience in many areas of the law, including employment class and individual litigation, consumer class litigation, false advertising, and unfair competition, where he focuses on the defense of wage/hour class actions and individual employment claims. He is Co-Chair of the firm’s Labor & Employment Wage & Hour Class and Collective Action Litigation practice and leads the Southern California Labor & Employment Practice. Mark has handled disputes for companies of all sizes, and has tried numerous lawsuits and arbitrations throughout the United States. He has argued appeals in three federal circuits and several state courts of appeal, including in the California Supreme Court.

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Photo of Ashley M. Farrell Pickett Ashley M. Farrell Pickett

Ashley M. Farrell Pickett defends companies in complex employment class and representative litigation in both state and federal courts throughout the country. She has deep experience representing large and small employers alike at all stages of high stakes litigation—from pre-trial demands through trial…

Ashley M. Farrell Pickett defends companies in complex employment class and representative litigation in both state and federal courts throughout the country. She has deep experience representing large and small employers alike at all stages of high stakes litigation—from pre-trial demands through trial or arbitration, settlement, and on appeal.

Ashley has litigated a wide range of employment claims facing companies, including wage and hour compliance, discrimination, retaliation, sexual harassment, leaves of absence, employee accommodations, personnel policies, and employment agreements. She is also skilled in advising employers on various issues to ensure compliance and avoid potentially costly litigation before it can arise.

Read more about Ashley M. Farrell PickettEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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