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The Ninth Circuit’s Request That the California Supreme Court Clarify Meal and Rest Period Requirements May Have a Tremendous Impact Upon Employers
Categories: California Wage-Hour Law, Wage and Hour Policies
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Given the prevalence of wage-hour class actions filed against California employers, the Ninth Circuit Court of Appeals from time to time asks the California Supreme Court to clarify certain California wage-hour laws. Last week, the Ninth Circuit asked again in Cole v. CRST Van Expedited, Inc., seeking clarification on the following two questions:

  1. Does the absence of a formal policy on meal and rest breaks violate California law?
  2. Does an employer’s failure to keep records of meal and rest breaks taken by employees create a rebuttable presumption that the breaks were not provided?

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