Focus (Forum & Focus)
Aug. 7, 2008
A Bad Meal Deal: 'Brinker' Gets the Incentive Question Wrong
The 'Brinker' decision misses many obvious incentives that could overwhelm the financial incentive on an employee to work during a meal break, writes H. Scott Leviant. - Forum Column
By H. Scott Leviant
This article appears on Page 4
During the past few years, wage and hour class actions have traversed something akin to a roller coaster ride. Beginning the trend, Murphy v. Kenneth Cole Productions, Inc., 40 Cal.4th 1094 (2007), held that payments for missed meal breaks are wages, not penalties, permitting multiyear recoveries of missed break premiums. In Gentry v. Supe...
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