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.
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...For only $95 a month (the price of 2 article purchases)
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