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Labor/Employment

Apr. 15, 2011

The Conflict Over Meal Breaks in the Workplace Continues

Another state ruling falls on the side of employers over enforcement of meal and rest periods. By Erik M. Volkert and Annie Macaleer of Gordon & Rees LLP.


By Eric M. Volkert and Annie Macaleer


The 2nd District Court of Appeal held in Tien v. Tenet Healthcare Corp., 2011 DJDAR 2608, (Feb. 18) that employers must provide employees with the opportunity to take meal periods, but they need not ensure that employees actually take those breaks.


Plaintiffs are current and former hourly employees of Tenet Healthcare Corp., which owns and operates multiple hospitals throughout California. Plaintiffs filed a...

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