How have courts treated rest breaks in the context of wage and hour laws?

MultiRegion, United States of America

The following excerpt is from Gomez v. J. Jacobo Farm Labor Contractor, CASE NO. 1:15-cv-01489-AWI-BAM (E.D. Cal. 2019):

593 (D. Kan. 2012) (stating that where the evidence showed that the employer did not require the entire class of employees to skip rest breaks "all the time or even on a consistent basis," and where the evidence showed that "the occasions when employees missed rest periods were sporadic," "[i]t is impossible to determine, then at least on a class-wide representative basis when or whether employees missed their rest periods") (dealing with California wage-and-hour laws); Cortez v. Best Buy Stores, LP, Case No. 11-cv-5053, 2012 WL 255345, at *4 (C.D. Cal. Jan. 25, 2012) (stating that where the failure to provide rest breaks was not universal to the entire class, and where there are not time records of employees taking rest breaks, "[t]he only apparent way to determine if an employee was denied a rest period (and to determine how many rest periods that employee was denied) would be to make an individualized inquiry of each hourly employee."). Here these individualized questions will be particularly laborious because it appears that Defendant did not keep records documenting either the length of the employees' shifts or the identity of the forepersons under whom the employees worked each particular shift.

Other Questions


Is there any case law that prohibits the use of the Guidelines for Family Law and Family Law in the context of family law? (MultiRegion, United States of America)
How have courts interpreted a new "common law" section of the Civil Code of Civil Procedure in the context of the common law? (MultiRegion, United States of America)
How have the courts treated a claim for unpaid debts in the context of employment law? (MultiRegion, United States of America)
What is the current state of the law in the context of a federal district court's analysis of mixed questions of fact and law in a constitutional case? (MultiRegion, United States of America)
How have the courts treated the evidence in defence of the case of the Attorney General's defence in the context of the Court of Appeal? (MultiRegion, United States of America)
Is there any case law available at the prison law library in the context of the issue of access to the courts? (MultiRegion, United States of America)
What is the current state of the law in the context of appeal law, particularly in appellate courts? (MultiRegion, United States of America)
How have courts interpreted bankruptcy law in the context of bankruptcy law? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
How have courts treated questions of law in the context of litigation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.