Meal and rest period class actions haven’t gone away since the California Supreme Court issued its Brinker decision. While it’s become harder for plaintiffs to get classes certified, there’s an approach they’ve been using more and more often.

Most employers realize the importance of policies that specifically inform employees of the breaks that they’re provided. But plaintiffs have been arguing that policies and practices are two separate things.

While policies are an important first step, employers need to ensure that they’re actually followed. The best policy in the world won’t save you if staffing, scheduling, work assignments, or pressure from supervisors prevent employees from taking the breaks they’re entitled to.