Update: The Supreme Court Agrees To Hear Case Ruling Employers Must Only Provide Meal and Rest Breaks
On October 22, 2008, the California Supreme Court granted review of Brinker Restaurant Corp. v. Superior Court (2008) 165 Cal.App.4th 25. The Court of Appeal found, among other things, that employers need only provide, not ensure, that meal and rest periods are taken. Because the Supreme Court has granted review, the findings by the Court of Appeal are no longer good law and should not be followed.
Original Article Posted Below:
(July 23, 2008) In a decision that will have an impact on the laws governing meal and rest breaks, the 4th District Court of Appeal yesterday ruled that California law requires that employers need only provide meal periods, and, as a result, as with the rest period claims, the plaintiffs’ meal period claims are not amenable to class treatment.
The issue before the court in the case of Brinker Restaurant Corporation et al., v. The Superior Court of San Diego County, is did the trial court err in certifying this matter as a class action without first determining the elements of plaintiffs and real parties in interest against the defendants? [Read more...]