SHRM Quotes Gary McLaughlin on Why California Employers Get Sued

Akin Gump labor and employment partner Gary McLaughlin was quoted in the Society for Human Resource Management article “5 Common Reasons California Employers Get Sued.” With strict workplace rules in place that businesses must follow, and in light of several rulings by the California Supreme Court making it even more likely that employers will get sued, the article offers advice on what employers should know to help reduce the risk of litigation.

In one recent ruling, the article reports that the state’s Supreme Court laid out certain criteria to determine whether a worker should be deemed an independent contractor or an employee. McLaughlin said the ruling will lead to more lawsuits in an area that was already heavily litigated. Employers, he pointed out, should review their business practices to ensure workers are properly classified.

On the topic of meal and rest periods for employees, McLaughlin said, “The requirements are so specific that it’s a challenge for any employer.” Under the California Supreme Court decision in Brinker Restaurant Corp. v. Superior Court, employers have several obligations, he added. They must provide meal breaks, relieve employees of their duties during those periods and be sure not to interfere with workers’ ability to take breaks.

Employers are not, however, required to police employees to ensure they’re taking meal periods, McLaughlin said. Still, it’s good to be proactive, such as having a timekeeping system that detects whether meal periods are taken. If a worker isn’t taking breaks, he suggested that the employer might want to discuss the situation with the employee since the goal is to ensure the law is being followed.