California employment case index

Two veterinary workers signed a standing written waiver of their meal break for shifts of six hours or less — revocable at any time — then sued years later, arguing meal periods can be waived only shift by shift after the right accrues. Division Seven disagreed: section 512 and the wage orders are silent on timing and form, and eighty years of IWC history treats written prospective waivers as employee protection, not evasion. But the holding is expressly conditional: the court reserved unconscionable, coerced, unknowing, and irrevocable waivers, and oral prospective waivers entirely. Bradsbery is a safe harbor for clean waiver programs — and a litigation roadmap against defective ones.

Donohue v. AMN Services, LLC (2021) 11 Cal.5th 58 holds that employers may not round meal-period time punches, and that time records showing short, late, or missed meal periods raise a rebuttable presumption of a violation — usable even at summary judgment.

Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004 is California’s foundational meal-and-rest decision: an employer must provide a duty-free meal period but need not ensure no work is done; it sets the meal-timing and rest-period rules and confirms that courts may resolve merits questions enmeshed with class certification.

A unanimous Supreme Court holds that a signed offer letter stating employment is "at will" and terminable "at any time" is unambiguous — recruitment talk of a "long-term fix" cannot create an implied for-cause contract or support fraud reliance — with Justice Baxter (joined by Corrigan) urging reconsideration of Pacific Gas and Justice Moreno reserving "upon notice" clauses.

The Sixth District affirmed summary judgment for the City, holding that a five-year pattern of stripping a female employee's coveted technical duties was "a collection of isolated employment decisions" that had acquired permanence by 1996 under Richards v. CH2M Hill — and that a biased supervisor's sexist remarks could not show pretext where he neither knew of her candidacy nor took part in the challenged hiring.

Guz v. Bechtel National, Inc.The at-will presumption can be overcome by an implied-in-fact contract to discharge only for good cause, judged on the totality of the relationship — but the implied covenant of good faith and fair dealing cannot impose substantive limits beyond the agreement’s actual terms, and a FEHA discrimination claim must survive the […]

The Tameny claim failed because Foley’s report about a coworker served the employer’s private interest, not a fundamental public policy. Foley nonetheless adequately pleaded an implied-in-fact contract to discharge only for good cause — based on longevity of service, promotions, raises, assurances, and the employer’s…

Yes. The longevity of Pugh’s service, together with the employer’s commendations and assurances and its acknowledged practices, supported an implied-in-fact promise that he would not be discharged except for good cause; the nonsuit was therefore error and the judgment was reversed (id. at p. 330).