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California court decides in favor of staffing firm over meal-break claim

April 09, 2018

Staffing provider Aerotek prevailed in a lawsuit where a worker claimed she was not provided timely meal breaks. Last month, the California Court of Appeals upheld a lower court’s decision to reject the case.

Plaintiff Norma Serrano brought the putative class action lawsuit in January 2014 against Aerotek and staffing buyer Bay Breads, according to court records. It claimed failure to provide meal periods, failure to pay wages upon termination, unfair competition and penalties under California’s private Attorneys General Act.

Serrano worked at a Bay Breads facility in South San Francisco, Calif., for a about a month in 2012 and three-and-a-half months in 2013, according to court records. Serrano said during that time she sometimes took a meal break more than five hours after beginning work and sometimes didn’t take a meal break at all. The law requires employers provide a meal break of at least 30 minutes after five hours of work, although employees working no longer than six hours can waive the break.

Aerotek’s onsite manager testified that Serrano had not brought up the issue of meal breaks.

In its decision, the Court of Appeals noted employers are not required to police meal breaks to ensure no work is performed.

It also found Aerotek did more than just provide workers a legally compliant meal policy. Its contract with Bay Bread required Bay Bread to comply with applicable laws, Aerotek provided its meal policy to temporary employees and trained them on it during orientation, and the policy required them to notify Aerotek if they believed they were being prevented from taking meal breaks.

The Court of Appeals also found Aerotek was not vicariously liable for the meal breaks, and it affirmed the lower court’s judgment and awarded Aerotek its costs on appeal.