Brinker Restaurant Corp. v. Superior Court

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

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 that employers must “authorize and permit” employees to take rest periods “at the rate of ten (10) minutes net rest time per four (4) hours

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 is a significant win for employers. Here are the key points in the unanimous decision that the Court issued today:

  • Employers do not have to

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