Labor/Employment
Apr. 28, 2012
Divided by a common language: Brinker vs. Wal-Mart, Pt. 1
Brinker and Wal-Mart illustrate different approaches to appellate review: one rooted in deference, the other reflecting a distrust of lower courts. By Brad Seligman of Lewis, Feinberg, Lee, Renaker & Jackson PC
The California Supreme Court's recent decision in Brinker Rest. Corp. v. Superior Ct., Cal.4th, 2012 (Apr. 12, 2012) addressed important substantive questions regarding an employer's obligation to provide meal and rest breaks for its employees. While most of the post decision commentary has focused on these issues, Brinker also discussed important class certification principles applicable to all cla...
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