U.S. Supreme Court
Apr. 18, 2012
Brinker and beyond: Supreme Court confirms workers’ rights to meal breaks
Brinker emphasizes the importance of workers' rights, especially low wage workers. By Fernando Flores of the egal Aid Society-Employment Law Center
Fernando Flores
Law Offices of Amy OppenheimerFernando is an attorney, workplace investigator, and high-performance coach. He conducts impartial investigations of employment complaints of alleged harassment, discrimination, retaliation, bullying, and other workplace misconduct. Fernando also conducts workplace trainings and coaching in English and Spanish. Prior to joining the Law Offices of Amy Oppenheimer, Fernando worked as a litigator and trial and appellate lawyer for the California labor commissioner. In addition, Fernando brings expertise in stress-management and emotional intelligence through his wellness business called Health and Wellness University.
In a unanimous decision, the California Supreme Court in Brinker confirmed workers' rights to uninterrupted meal breaks. Despite claims of victory by employers, the Court made clear that employers have the duty to relieve workers of all duty so that workers are free to do whatever they choose during their breaks. Additionally, "an employer may not undermine a formal policy of providing meal breaks by pressuring employees to perf...
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