A couple of quick updates with some good news and some potentially not so good news…
~ First the not so good news: AB 2716 – the bill currently pending in the California legislature that will mandate sick leave for ALL California employees regardless of classification – is scheduled to be heard by the Senate Appropriations Committee on August 4. Due to the unreasonable demand this bill will place on all California employers, you may want to consider contacting your senator and urging him or her to oppose AB 2716.
~ Now, the potentially good news: On July 22, the 4th District Court of Appeal ruled that employers must only PROVIDE workers with meal breaks and rest periods but are NOT responsible for ensuring that they actually take them. This may sound obvious, but past decisions have ruled that the employer IS responsible for not only making sure their employees actually take their breaks and lunches, but that they take them on time. This new decision states that as long as appropriate breaks are provided and employees are not impeded or discouraged in any way from taking them, the employer has met their obligation. Employers will not be held liable for employees who, of their own accord, work “off the clock” unless the employer knew or reasonably should have known what that was happening. If this decision stands, it means you can actually treat your employees like grown-ups and they will have more flexibility on when they can take thier lunch and breaks! However…it is quite possible that the ruling will be appealed by organized labor. We’ll keep you posted!
