Latest Meal and Rest Period Developments

Now that review has been granted in Murphy v. Kenneth Cole Productions, the two leading cases concerning meal and rest period pay are the National Steel and Shipbuilding Co. (it's a wage) and Mills (it's a penalty) cases. Our spies at Jackson Lewis, LLP tipped us off to a pending petition for depublication filed in National Steel and Shipbuilding Co. We would be surprised if a depublication order is granted, since we fully expect the employer to file a petition for review, and a grant-and-hold grant of review is what we anticipate in that case.

There is no petition yet pending in the Mills case.