Court Serves Up Brinker Decision; Mostly Satisfying for California Employers

The much-anticipated and long-awaiting decision in Brinker Restaurant Corp. v. Superior Court regarding a California employer’s duty to employees when it comes to meal and rest periods has come down primarily in favor of employers.

The decision addressed a number of issues, some of which were made clear and some remain mixed:

Meal Periods. The court ruled that, “An employer’s duty with respect to meal breaks…is an obligation to provide a meal period to its employees. The employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so.”

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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.

© Robert Freedman - Partner at Tharpe & Howell, LLP | Attorney Advertising

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