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 LLPIn 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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