While the 2012 California Supreme Court decision in Brinker clarified some of the landscape for meal and rest period litigation, break requirements continue to give
Continue Reading CA Court Permits On-Call Rest Periods
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
Continue Reading The Shape of Meal and Rest Period Claims Post-Brinker
Six cases that had been in grant and hold status with the California Supreme Court pending the decision in Brinker v. Superior Court were all transferred back to their respective
Continue Reading Cases on hold pending Brinker sent back to Courts of Appeal
In the few weeks since the decision in Brinker v. Superior Court, two court decisions that we know of have invoked the elements of Brinker in their discussions. In the
When all is said and done, the Brinker issue comes down to a missing verb.
Continue Reading A Verb A Verb, My Kingdom For A Verb
While the focus of post-Brinker discussion has been meal breaks, let’s not forget that the Court also clarified rules regarding rest breaks. Again, we have math. The wage orders provide
Continue Reading Into the Weeds with Brinker Part 3: Rest Breaks
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
Continue Reading Into the Weeds with Brinker Part 2: What Does Provide vs. Ensure Really Mean?
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
Continue Reading Into the Weeds on the Timing of Meal Breaks Under Brinker
After more than three years and two rounds of briefing, the California Supreme Court has issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. Overall, the decision
Continue Reading Long-Awaited Brinker Decision A Relief For Employers