Learn how to minimize company-wide liability by ensuring your employees are receiving mandatory breaks.
Employers are facing an unfettered number of wage and hour claims, on an individual and company-wide basis. Many of these claims arise from an employer's duty to provide breaks under various employment laws. This topic will provide an overview of break requirements and then delve into best practices for the most cutting-edge break policies available to employers, including a compliance and reporting program for violations. In addition, this material will discuss 'real' feedback from employee interviews on what matters to them in the workplace and provide insight into why this should be important to employers, both from a legal liability perspective but also employee morale. Finally, this topic will detail the potential exposure for employers that fail to ensure their employees are receiving their legal break obligations under applicable law and provide some further guidance on how to minimize company-wide liability.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Legal Standards for Breaks
- Federal
- State
- Meal Periods/Rest Periods
- Paid/Unpaid
- Exempt/Nonexempt
Strong Break Policy
- Components of Policy
- Applicability of Waivers
- Remedies for Noncompliance (Compliance Program)
- Discipline for Intentional Violations
- Implementing Policy
- Supervisor Training
Importance of Employee Lunch Areas and Similar Perks
- Break Rooms
- Coffee Machines
- Lunch Outings
- Break Signs
Liability Retaliation
- Auto Deductions
- Agency Claims
- Single-Plaintiff Lawsuits
- Class and Representative Actions
- Arbitration Agreements
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 22, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Annie Ellis
Law Office of Annie M. Ellis, A.P.C.
- Law Office of Annie M. Ellis, A.P.C.
- Practice emphasizes all aspects of employment law on management-side, from litigation to counseling (policies, investigations, layoffs, terminations, hiring, and other human resources issues and strategies)
- Recent litigation victories include: successfully defeated employee’s age discrimination claims in summary judgment motion for public entity; successfully defeated employee’s pregnancy discrimination claims in summary judgment motion; affirmed on appeal; successfully defeated class certification in wage and hour class action asserting independent contractor misclassification; procured sanctions against plaintiff’s counsel for violating discovery laws; minimized penalties by a significant amount in wage and hour class action with proactive measures at the onset of litigation; defeated employee’s wage and hour claims before DLSE; defeated employee’s claims at administrative trial; defeated employee’s claims in arbitration
- Conducts regular seminars and presentations in employment law, including wage and hour, leaves of absence, paid sick leave, social media, and background checks
- Written several publications related to wage and hour, paid sick leave, and other issues relevant to employers
- San Diego Super Lawyers® Rising Star, 2018-2021; Best Lawyers: Ones to Watch, 2022; San Diego young attorneys nominee by San Diego Daily Transcript, 2014
- Association of Business Trial Lawyers - LDC, Co-chair. 2018
- La Jolla Playhouse, Board of Trustees
- J.D. degree, San Diego Law Review – Editor-in-Chief, University of San Diego School of Law; B.A. degree, University of California, Los Angeles
- Can be contacted at 619-798-8075 or [email protected]
Rick A. Waltman
Rick Waltman Law, APC
- Rick Waltman Law, APC
- San Diego Super Lawyers® Rising Star, 2018-2019
- Practice emphasizes all employment litigation and counseling on both employer and employee side
- Recent litigation victories include: served on a trial team that won a unanimous defense verdict against an employee alleging fraud and breach of contract, affirmed on appeal; obtained ruling declaring a serial plaintiff as a vexatious litigant, requiring them to obtain court approval prior to filing lawsuits in California federal courts
- Conducts training for employment issues, including harassment, discrimination, and wage and hour practices; performs audits and investigations regarding the same
- J.D. degree, University of San Diego School of Law (San Diego Law Review – Editor; Appellate Moot Court, Associate Board); B.S. degree, University of Minnesota, Twin Cities
- Can be contacted at 619-320-5666 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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