Brinker Gets A Review

As we suspected, the California Supreme Court has granted review of the California Court of Appeal’s decision in Brinker Restaurant Corporation v. Superior Court, which interpreted California’s meal and rest break requirements.

A California Court of Appeal held, back in July, that:

  1. Employers need only provide, not ensure, that rest and rest periods are taken;
  2. Employers need only authorize and permit rest periods to be taken for every four hours or major fraction thereof worked;
  3. Employers are not required to provide a meal period for every five consecutive hours worked; and
  4. Employers can only be held liable for employees working off-the-clock if the employer knew or should have known employees were doing so.

The Court may take up to one year to final decision in Brinker. In the meantime, employers are strongly urged to stay the course, or consult your employment attorney or a qualified HR consultant.

With thanks to Ford & Harrison’s Jesse Caryl.

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