A recent ruling out of California shows that overtime practices that appear perfectly legal on first glance can give rise to liability if their cumulative impact pressures employees to work off the clock.
In a ruling issued in October 2015, the California Court of Appeal, Second Appellate District certified a class action brought by nurses against Aurora Behavioral Health Care, which runs psychiatric hospitals in Southern California. The nurses allege they were understaffed and required to remain at posts until relieved, as well as finish work tasks before leaving at the end of a shift. This meant regularly skipping meal and rest breaks and working off the clock. (Hat tip to Brian Van Vleck of Van Vleck, Turner & Zaller, who blogged about the decision and has a link to it.)
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