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 as to whether the employer need only make available the opportunity for the employee to take their meal period, or whether the employer has an affirmative duty to ensure the employee gets to lunch. It will all come down to how the Court interprets the word provide in the statute. Employers and plaintiff’s counsel alike have been waiting for three years for clarification on this issue, as various courts, and even the DLSE, have taken different stances. Given the date of oral arguments, a decision could come as early as next February.