Tag Archives: meal periods

Into the Weeds with Brinker Part 2: What Does Provide vs. Ensure Really Mean?

By Nancy Yaffe on April 16, 2012 Posted in Wage and Hour

We have all read the alerts and blog postings indicating that employers are only required to “provide” meal breaks, but need not “ensure” that they are taken. What does that really mean for employers? Do employers still need to pay the meal premium for missed breaks, late breaks, and breaks less than 30 minutes? California … Continue Reading

Into the Weeds on the Timing of Meal Breaks Under Brinker

By Nancy Yaffe on April 13, 2012 Posted in Wage and Hour

Now that we all have read about the Brinker ruling, and breathed our collective sigh of relief, it is time to get into the weeds on some very practical issues impacting California employers. One such issue is the timing of the meal break. The ruling clearly states that the first meal break must start “no … Continue Reading

Brinker Decision Further Delayed Further

By Jeffrey D. Polsky on December 20, 2011 Posted in Class Actions

Patience is a virtue. I get that. It’s just not one of my virtues. That’s why I wrote here and here and here about wanting the California Supreme Court to hurry up and give us a decision in Brinker Restaurant Corp. v. Superior Court. We’ve been waiting more than 3 years for a decision from the court in a case … Continue Reading

Cal. Supreme Court Sets Brinker Argument

By Jeffrey D. Polsky on October 7, 2011 Posted in Wage and Hour

Thanks to Kent Bradbury for the following post: The California Supreme Court has finally scheduled oral arguments in the case of Brinker v. Hohnbaum for November 8th. For those who aren’t aware of what the Brinker case is all about, the key issue is the employer’s duty in providing meal periods. The debate has raged for several years now … Continue Reading

DLSE OPINION LETTERS PENDING BRINKER AND BRINKLEY

By Alex Hernaez on October 15, 2009 Posted in Wage and Hour

Pending decisions from the California Supreme Court in Brinker Restaurant Corp. v. Superior Court of San Diego County and Brinkley v. Public Storage, Inc., the Division of Labor Standards Enforcement must still adjudicate Berman hearings concerning meal period claims. Consequently, the DLSE has adopted an “HQ Memorandum” presumably to guide interim agency decisions. The Memo … Continue Reading