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Labor/Employment,
California Supreme Court

Jul. 19, 2012

Minimizing risks in the post-Brinker environment

The decision is a win for employers, but does not close the door on potential meal and rest break claims.

Arthur F. Silbergeld

Employment Law Partner, Thompson Coburn LLP

Labor & Employment

Phone: (310) 282-2529

Email: asilbergeld@thompsoncoburn.com

Temple Univ Law School

Arthur is based in Los Angeles and is in the firm's Labor & Employment Practice Group.

Christine D. DeBretteville

One LLP

In Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004 (2012), the California Supreme Court unanimously decided that California employers must only provide - but do not have to police - for each employee a 30-minute, uninterrupted meal period to be taken by the end of the fifth hour of scheduled work.

The "police vs. provide" controversy spawned a generation of costly wage and hour class action lawsuits in California. Plaintiffs routinely claimed an extra hour of wages a...

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