DONOHUE v. AMN SERVICES, LLC – February 25, 2021

Key elements of the decision:

  1. Employer cannot, under any circumstances, rely on rounded timestamps to determine the length of meal periods. For example, a recorded meal period of 25 minutes cannot be rounded up to 30 minutes and be categorized as compliant.  California employers are required to provide a meal period of at least 30 minutes.
  2. Records showing non-compliant meal periods raise a rebuttable presumption of meal period violations. Informing employees of when they are expected to take meal breaks is more important than ever before.

To read the full Donohue v AMN SERVICES, LLC decision, click here.

Using a tool like is more important than ever before.   Increasingly, cases like this will become the norm.  It is challenging for employers to show that missed, late, and short meal periods were in fact provided.  Most POS systems simply the timing and length of meal periods.  The Donohue decision and countless others have proven that’s not enough to keep employers in compliance.  Our system was developed in California by experts who understand the nuances of employment law in California.

We would welcome the opportunity to talk to you and assist with your wage/hour compliance needs.

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