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Meal and Rest Breaks – Hedging the Rogue Employee

On March 23, 2018, the First Appellate Court of the State of California published Serrano v. Aerotek, Inc., a decision that found an employer was not liable for meal and rest break violations where their employee handbook laid out clear lawful policies, the employee acknowledged receipt of those policies, and the employee simply went rogue and didn’t comply.

The importance of a robust and complete Employee Handbook and training on company policies can be the best defense to a rogue employee’s claim under the Labor Code. Affirmative steps by your business to train and record when and how each employee receives the Employee Handbook can save you and your business large sums of money. Don’t let one rogue employee take advantage of your hospitality and generosity.

It is very important for you to make sure you are taking all the necessary steps to defend yourself should litigation ensue. Contact the attorneys at Chauvel & Glatt, LLP to set up a time to discuss creating a well-rounded Employee Handbook so you remain on the offense, not the defense.


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