Business and Employment Update

One court found that an employer’s policy which required an employee to work for one year before paid vacation could vest was permissible.  Minnick v. Automotive Creations, Inc. (2017) 13 Cal. App. 5th 10000.

While an employer is required to allow employees to take time for meal periods, it is not required to ensure that those meal periods are taken.  In a recent case, the California court of appeal found that while Labor Code § 512 requires that an employer must “provide” its employees a meal period, there is no affirmative obligation on the employer that it “ensure” that its employees are taking a meal period.  Hernandez v. Chipotle Mexican Grill 189 Cal. App.4th 751 (2010).

An employee who suffered a stroke during a sabbatical six months after hire and was subsequently terminated for “lack of leadership” could maintain his action against his former employer.  The California court of appeal found that positive evaluations received by the employee could support an argument of a pretext.  The appellate court also determined that discriminatory remarks made by management directly to the employee were not merely “stray remarks”.  Sandell v. Taylor-Listug, Inc., 188 Cal. App.4th 297 (2010).

The California Division of Labor Standards Enforcement issued an opinion letter in which it found that an employer’s idea “to reduce the number of its employees’ scheduled work days from five days to four days per week with a corresponding reduction in salary” as a result of the difficult economic circumstances, with the understanding that the employer would move things back up once in a position to do so, was not precluded by California’s law “salary test” for exempt employees.  DLSE Letter dated August 19, 2009 Re: Salary Basis Test – Word Schedule and Salary Reduction to Avoid Layoff.

This information is for general purposes only and is not intended as legal advice.  Any liability that might arise from your use or reliance on this information is expressly disclaimed.  The reader is cautioned to seek the guidance of an experienced attorney when making any decision which might have legal implications.