In a highly anticipated decision, on April 12 the California Supreme Court in Brinker Restaurant Corp. v. Superior Court held that employers are not obligated to ensure that nonexempt employees take their meal breaks. However, the court's guidance on the timing of breaks will come as a surprise to many employers, and the court also left the door open for more class action lawsuits.
The court in Brinker, in a unanimous opinion, held that California employers are required to relieve their nonexempt employees of all duty and give them an opportunity to take a meal break every five hours, but they are not required to "police" their employees' breaks or to ensure that no work is performed. The court did not delineate what will constitute sufficient "relief of all duty," commenting that it will vary from industry to industry. Nonetheless, it did hold that employers are not liable for premium pay if their nonexempt employees choose to work through their breaks.
Please see full publication below for more information.
