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Posts by Brian Stack

Prop 65
Changes to Prop 65 Requirements are Coming Soon

The California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency for implementing Proposition 65, is currently in the process of revising Prop 65’s administrative regulations, which  will likely result in significant changes to how the business community attempts to comply with Prop 65.

The revised regulations are expected to be finalized by January 2016, but there will be a 2 year grace period for complying with the new provisions. The grace period is meant to provide a transition period for businesses, but it will undoubtedly create some confusion, as there will be two sets of standards in the marketplace during that time.

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Achieving Class Action Certification For Alleged Meal and Rest Break Violations Continues to be an Uphill Battle

Two recent appellate court decisions demonstrate, once again, that courts in the Post-Brinker era are less inclined to grant class certification in actions alleging rest period or meal break violations.

In re Walgreen Company Overtime Cases, the plaintiffs alleged that the drug store chain had departed from its formal (and otherwise compliant) policies regarding meal breaks and rest periods in an illegal and widespread way. The decision did not go into the specifics of the alleged improper practices, but the general allegation appeared to be that it was common practice to under staff stores, forcing employees to work through their meal periods.

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