Much has been written cautioning employers about the twin holdings of Donohue v. AMN Services LLC, in which the California Supreme Court said on Feb. 25 that employers “cannot engage in the practice of rounding time punches … in the meal period context,” and a “rebuttable presumption of meal period violations” will apply when their time records show noncompliant meal periods.

Read the full article, originally published by Law360 on March 24, 2021.

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Photo of Mark Kemple Mark Kemple

Mark D. Kemple has broad trial experience in many areas of the law, including employment class and individual litigation, consumer class litigation, false advertising, and unfair competition, where he focuses on the defense of wage/hour class actions and individual employment claims. He is…

Mark D. Kemple has broad trial experience in many areas of the law, including employment class and individual litigation, consumer class litigation, false advertising, and unfair competition, where he focuses on the defense of wage/hour class actions and individual employment claims. He is Co-Chair of the firm’s Labor & Employment Wage & Hour Class and Collective Action Litigation practice and leads the Southern California Labor & Employment Practice. Mark has handled disputes for companies of all sizes, and has tried numerous lawsuits and arbitrations throughout the United States. He has argued appeals in three federal circuits and several state courts of appeal, including in the California Supreme Court.

Photo of Ryan C. Bykerk Ryan C. Bykerk

Ryan C. Bykerk focuses his practice on helping clients develop strategies that meet their case-specific and larger business objectives, and has broad litigation experience in both federal and state court. His practice primarily involves defending employers in wage and hour class / representative…

Ryan C. Bykerk focuses his practice on helping clients develop strategies that meet their case-specific and larger business objectives, and has broad litigation experience in both federal and state court. His practice primarily involves defending employers in wage and hour class / representative actions and individual actions asserting violations of federal and state employment law, but extends to general, commercial, and financial litigation.

As a co-host of The Performance Review, a Greenberg Traurig Podcast about California Labor and Employment Law, Ryan offers insight and discusses the latest trends and developments in California Labor & Employment law.