Kennedy Donohue, a nurse recruiter, was the lead plaintiff in a class action lawsuit filed against AMN Services, LLC. AMN used a timekeeping system called Team Time which rounded its timekeeping in ten-minute increments. In the lawsuit, Donohue alleged that she was discouraged from taking breaks and had to take short breaks. AMN’s written policies stated that nurse recruiters were paid premium wages for mealtimes when their employee timecards reflected that the employees had not taken a 30-minute meal in compliance with California law.
After a lot of litigation in the trial and then higher courts, the case finally ended up in the California Supreme Court.
The Supreme Court held that employers cannot “round” meal period time punches. The Court noted that even relatively minor infringements on meal periods can cause substantial burdens on employees.
The takeaway is that rounding, even if in the employees’ favor, is no substitute for strict compliance.
California favors employees and the laws change constantly depending on what the courts say and what the legislature decides. Our advice to businesses is not to take any chances. When you have any questions about your business and employees, we have very experienced business and employment law attorneys who can help you.
Call us at 949-436-2785 or visit our website at www.glgattorneys.com
August 10, 2021
August 04, 2021
Mahyar was a big part in helping start our company and setting up our corporation. She also went to battle with a Billion dollar Corporation to keep our doors open when they tried everything to shut us down.
In 2008 -2009, our company was involved in a lawsuit with over 1 million dollars claimed against us. Mahyar Ghassemian handled our case expertly and conscientiously. She explained on a regular basis the progress of our case and how each of the actions of our opponent would ultimately affect our case. At no time did we feel alone or compromised as Mahyar boldly stayed her course which eventually provided us with the satisfactory outcome we had hoped to achieve. She will be our first call should the need arise in the future.
Many years ago an insurance carrier hired Mahyar Ghassemian to defend my construction firm in civil litigation. Not only was Ms. Ghassemian very knowledgeable and competent regarding the legal proceedings, but she was also personally vested in our well-being; she cared what happened. She counseled us regarding the various options, listened to our input and proceeded accordingly. In multiple cases with Ms. Ghassemian, we have never experienced a negative outcome. Today my first call when a potential legal issue is on the horizon is to Ms. Ghassemian. She is both extremely effective and cost conscious.
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