Employers Who Fail To Provide Meal and Rest Periods in California Beware
Recently the California Supreme Court rendered a decision in interpreting California Labor Code Section 226.7.
The issue was whether Labor Code section 226.7 provided for payment of one additional hour of pay when an employer failed to provide a meal break after five hours of work or a rest period after four hours of work and therefore it was pay and subject to a three year statute of limitations, meaning the employee could bring a claim three years after the fact, or if it was penalty and subject to a one year statute of limitations. In the case of Murphy v. Kenneth Cole Productions, Inc., the Supreme court addressed the issued.
In this case the Supreme Court summarized the facts as follows:
“John Paul Murphy worked as a store manager in a Kenneth Cole Productions (KCP) retail clothing store from June 2000 until June 19, 2002, during which he was paid a weekly salary. The store was open from 9:30 a.m. to 8:00 p.m., Monday through Saturday, and 11:00 a.m. to 6:00 p.m. on Sunday. On a typical day, Murphy and another employee arrived around 8:30 or 9:00 a.m. to open the store. Between 9:30 a.m. and 1:00 p.m., Murphy did nothing other than make sales, receive or transfer product, process markdowns and clean.”
“During a usual weekday afternoon, the second shift of either one or two people arrived at 1:00 p.m. The employee who had opened the store with Murphy would go to lunch, and Murphy and another employee would begin carrying merchandise into the stockroom while covering the sales floor. At some point, Murphy would go to the office to eat as he continued to work. By 2:00 p.m. he was either on the sales floor or working back in the stockroom. Murphy was scheduled to leave at 6:00 p.m., but he often would have customers on the sales floor, or would do some human resources paperwork.”
“Murphy’s duties when he worked the closing shift from noon until 8:00 p.m. were essentially the same as when he worked the opening shift. On most days, he was on the sales floor or in the stockroom from 12:30 to 4:30 p.m. At 4:30 p.m. he would try to eat lunch while he checked KCP company voice mail and e-mail in the office, and then worked on the sales floor until closing time. After the store was closed, Murphy and a sales associate would verify the bank deposit, clean up the store, put shoes away, vacuum and empty the garbage. Typically, they would finish cleaning around 8:45 or 9:00 p.m.”
“Murphy regularly worked 9- to 10-hour days, during which he was only able to take an uninterrupted, duty-free meal period approximately once every two weeks. He rarely, if ever, had the opportunity to take a rest period and, on occasion, was unable to go to the restroom.”
Plaintiff Murphy resigned on June 19, 2002 and then filed a wage claim with the Labor Commissioner.
About eight months later the Labor Commissioner conducted a hearing and issued a decision in Murphy’s favor and awarded unpaid overtime, interest, and waiting time penalties. KCP appealed it to Superior Court and plaintiff asserted claims for meal and rest period violations. The superior court permitted the additional claims.
The trial court awarded payment for missed meal and rest periods applying the three year statute of limitations under Code of Civil Procedure section 338. KCP appealed from the trail court judgment. The court of appeal held the statue of limitation is one year and that claims may not be raised for the first time on de novo appeal from an administrative hearing in front of the Labor Commissioner. The plaintiff appealed to California Supreme Court.
Arnold Hernandez is an overtime and wage and hour attorney representing clients in San Diego, Riverside, Imperial, and Orange County and throughout Southern California, for additional information and the full version of the article go to http://www.arnoldhernandez.com
So You’ve Had An Accident At Work. Now what?
Have you ever been involved in an accident at work? Hopefully the answer is no, but please realize that accidents at work do happen and more often than you may think. Most of the time it’s a matter of a specific hazard but there are a number of procedures that can prevent an accident at work from occurring in the first place.
Your Personal Safety Around The Workplace
Your employers have to make sure that adequate safety measures are in place in and around the whole of your workplace. Accidents are usually an unfortunate event, or usually a series of events, but depending on the type of work that is being carried out, practical and substantial safety measures must be implemented to prevent an accident at work. This keeps the accident risk to a minimum although there is never a 100% certainty that nothing will happen.
Providing Proper Equipment For The Job
Depending on the type of work that you are doing, your employers have to make sure that you are equipped with everything that you need, both physically and in terms of information, to keep you safe. There are several factors that need to be fully addressed like the tasks you have to carry out, the materials involved and the risk factor of your operations. If there is an increased in risk in one or more of your operations you need to be informed in due time of this fact. This risk increase could be the result of a job parameter changing.
Correct Training For Everyone
Suitable training for any job is essential not only for you but also for your colleagues at your workplace. Employers need to make sure that you aren’t being put at risk by other workers. If they are not trained correctly, or for example come drunk to work and something happens to you then the employers are directly responsible and it’s considered a liability.
Employers are directly responsible for the conditions in which you work. There has to be proper ventilation, lighting, safety gear and so on. If one or more of these factors are disregarded and an accident at work happens you are entitled to lodge an accident at work claim.
It is a fact that the majority of people who are entitled to compensation never make a claim. Generally this is because of fear. Fear of the employer, fear of co-workers, fear or losing the job and so on. Most will simply claim sick pay and never report the accident at work. We have a duty to make sure that others do not suffer the same way and that proper safety procedures are implemented. This is not being a troublemaker. If your injury has been caused by negligence then make a claim.
This is important: Do not ignore the accident. If it has happened to you then it will happen to someone else as well. Apart from financial compensation, your action in making a claim and highlighting the problem helps others and could even save lives. People don’t go looking for an accident at work so there is no need to feel guilty.
So, basically you have 2 options:
1. Request An Accident At Work Claim Form.
If you think that what happened is because of neglect or ignorance then go ahead and make a claim.
Do not be threatened either by management or other workers. The fact of the matter is that you suffered an injury which should not have happened. It’s easy for others to stand back and criticize. The employers have a duty of care toward all their employees and visitors.
2. Claim Your Sick Pay And Do Nothing Else.
Think carefully before you decide to do nothing about it. An accident at work is a hazardous thing and you have to know your options in case something goes wrong.
You should always make notes of any relevant facts as soon as you are able even if you are not going to make a claim. You may change your mind and without facts it will be difficult to make a claim for your accident at work at a later date.
The Peoples Choice.info is committed to bringing you well researched articles to help you learn and also give you information which will assist in making reasoned decisions. More information on having an Accident At Work http://www.the-peoples-choice.info/accident-at-work/accident-at-work.html
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