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Labor/Employment,
California Supreme Court

Jun. 10, 2013

Pushing Brinker to the limit

The decision harbored a dark cloud on the edge of its rosy resolution, and a brand-new decision from the Court of Appeal seizes on that cloud.

Steven B. Katz

Partner
Constangy, Brooks, Smith & Prophete LLP

1800 Century Park E Fl 6
Los Angeles , CA 90067

Phone: (310) 597-4553

Email: skatz@constangy.com

USC Law School

Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.

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When the state Supreme Court handed down its blockbuster decision in Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004 (2012), 13 months ago, employers up and down the state unleashed a collective sigh of relief: Brinker's main holding that employers need only provide an opportunity for employees to take meal breaks - not mandate that employees actually clock out and stop working at break time - was generally thought to make it all but impossible for plain...

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