Brinker Ruling Answers Key Wage and Hour Questions Affecting Technology Companies and Other California Employers

more+
less-

On April 12, 2012, the California Supreme Court issued its long-awaited decision in the Brinker case, ruling on several key questions regarding an employer's obligation to provide meal and rest breaks to its non-exempt employees. Wilson Sonsini Goodrich & Rosati filed a brief on behalf of amicus curiae TechNet in support of Brinker Restaurant Corporation in the case. The highly anticipated ruling clarified that employers are not required to force employees to take meal and rest breaks in order to comply with the law. The court's holding will help employers develop compliance solutions for their particular industries.

Summary of the Court's Decision

1.When Has an Employer "Provided" a Meal Break?

Under the California Labor Code, an employer must "provide" a meal break to employees at certain times during their shifts. The Brinker case clarifies what an employer is required to do, and, just as important, what it is not required to do, in order to satisfy this requirement.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Wilson Sonsini Goodrich & Rosati | Attorney Advertising

Written by:

more+
less-

Wilson Sonsini Goodrich & Rosati on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×