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In brief

The California Supreme Court recently established new law on two important topics for meal period compliance and litigation. Donohue v. AMN Services, LLC (2021) San Diego Superior Court, Case No. S253677 (February 25, 2021). First, the Court held that California employers cannot round time punches for meal periods. Second, the Court held that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. The Donohue Court also implicitly approved a method for employers to use to determine whether meal period premiums should be paid for missed, short or late meal periods.


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