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U.S. Court of Appeals for the 9th Circuit

Dec. 11, 2009

Employers Win Meal Time Ruling

The 9th U.S. Circuit Court of Appeals affirmed a lower court's decision that a security guard who agreed to take two meals while remaining on call during a 10-hour shift cannot claim an extra hour of pay.

The 9th U.S. Circuit Court of Appeals agreed with a San Francisco trial judge Wednesday in a precedential wage-and-hour ruling over on-duty and waived meal times. A circuit panel affirmed U.S. District Judge Phyllis J. Hamilton's decision that a security guard who agreed to take two meals while remaining on call during a 10-hour shift cannot claim an extra hour of pay. The ruling averts a proposed class action and revises state labor law. McFarland v. G...

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