Extract to table

Because rest periods are paid time—unlike meal periods, which are typically unpaid and therefore must be recorded for timekeeping and payroll purposes—employers are generally not required to record rest period start and stop times, and most do not

) To the extent that some employees voluntarily arrived early and performed tasks before the start of their scheduled shifts, this time may not constitute compensable "suffered or permitted" work under California law, and a reliable damages model must distinguish between compensable and non-compensable pre-shift activity—a distinction that Dr

" This discretion is an essential component of the PAGA penalty framework, and any damages model that purports to estimate PAGA penalties must account for it

I note that this conclusion is consistent with the analytical principle that a damages model must be grounded in evidence, not assumption

27, and consistent with California class certification principles, a damages model offered in support of class certification must be capable of measuring damages attributable to the plaintiff's class-wide theory of liability using common proof