Labor/Employment,
Civil Rights,
California Supreme Court
Mar. 4, 2021
The Werdegar Presumption
In Brinker, Justice Kathryn Werdegar stated: “If an employer’s records show no meal period for a given shift over five hours, a rebuttable presumption arises that the employee was not relieved of duty and no meal period was provided.”
Michael D. Singer
Partner
Cohelan, Khoury & Singer
605 C Street
San Diego , CA 92101
Phone: (619) 595-3001
Fax: (619) 595-3000
Email: msinger@ckslaw.com
UC Hastings COL; San Francisco CA
On Feb. 25, the California Supreme Court issued Donohue v AMN Services, LLC, 2021 DJDAR 1797, completing a job left unfinished nine years ago in Brinker Restaurant Corporation v Superior Court, 53 Cal. 4th 1004 (2012). $95
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