Joan Fife Quoted by Daily Journal on Missed Lunch Breaks Case

Winston & Strawn partner Joan Fife was quoted in the Daily Journal article titled, "Workers Get Win in Meal, Breaks Case," published October 9, 2012.

The article discusses an Alameda County court's pending ruling that nearly 75 truck drivers are entitled to damages for unpaid work as a result of their employer, AB Trucking, deducting an hour from their pay for lunch breaks they allegedly never received.

Ms. Fife said that the decision adds to the "lively argument" about the ability of employees working in the field to sue over missed lunch breaks, because of the practical limitation of no time clocks in the field.  Employers refer to this as "paying to the schedule," while plaintiffs refer to this as "auto-deductions." 

"If you're in the field, and you're not close to a time clock, what are you supposed to do?" she asked.

The decision will become binding on October 12, 2012, providing defense attorneys with an opportunity to file briefs suggesting changes to the decision.