Labor/Employment,
California Supreme Court,
9th U.S. Circuit Court of Appeals
May 20, 2011
State Supreme Court Needs to Calendar Meal Break Case Now
One appellate court sidesteps the state Supreme Court and calls the shots in dispute over the meal break standard.
Eric B. Kingsley
Partner, Kingsley & Kingsley APC
Labor & Employment
16133 Ventura Blvd #1200
Encino , CA 91436
Phone: (818) 990-8300
Fax: (818) 990-2903
Email: eric@kingsleylawyers.com
Loyola Law School; Los Angeles CA
Eric is the former board chair of the Anti-Defamation League's Los Angeles Region.
The 2nd District Court of Appeal, Division Eight seems to be supplanting the role of the state Supreme Court in determining what the standard is for employers who are "providing" meal breaks to employees. Since October, that division has issued three published opinions that have set the meal break standard as "make available."
By way of background, the Supreme Court granted review on August 29, 2008 in the case of Brinker v. Superior Court, S166350 explaining: "This case pres...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In