Robert Tollen Quoted in California Executive

The article, "Meal Break Violation Lawsuits Taking a Bite Out of Business," on what the Murphy v. Kenneth Cole decision means to small to midsize businesses in California, was posted in September in California Executive, a newly established netletter noting the latest developments affecting employers in healthcare, law, employment practices, immigration, finance and taxes and occupational health and safety.  "Despite the best intentions of management, providing timely meal breaks to non-exempt workers occasionally falls by the wayside.  But California employers should be aware of the ever-increasing legal exposure associated with meal-break violations and take steps to mitigate such risks. . . .   A recent, unanimous California Supreme Court ruling, Murphy v. Kenneth Cole Productions, Inc., may make class-action suits for meal break violations even more attractive to plaintiff attorneys and more dangerous for California employers.  To protect themselves employers should document meal breaks and reprimand employees who don't stop working to eat. . . .  The plaintiff in the Kenneth Cole case was misclassified  as exempt.  His title was "manager," but the court decided he was non-exempt because he performed most of the same duties as entry-level employees.  Two distinct exemption categories - executive and administrative - must be carefully evaluated, says attorney Bob Tollen, a partner with Seyfarth Shaw LLP in San Francisco and who litigated for Kenneth Cole before the state Supreme Court ruling.  The executive exemption applies to workers who manage other people for more than 50 percent of their workload, he says, while the administrative exemption covers employees who make decisions that have a  material impact on the business."