In Flores v. Lamps Plus, Inc., the Court of Appeal affirmed the trial court’s denial of plaintiff’s motion for class certification based on Lamps Plus’s alleged failure to ensure that employees took their meal and rest breaks. Relying on Brinker, the Court held that “the employer is not obligated to police meal breaks and ensure no work thereafter is performed. Bona fide relief from duty and the relinquishing of control satisfies the employer. obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay.”
The Court relied on the following facts in deciding that Lamps Plus had satisfied its obligation to provide meal and rest breaks: (1) Lamps Plus had a meal and rest break policy that complied with all legal requirements; (2) employees were disciplined for failing to comply with the policy; and (3) the named plaintiffs signed declarations stating that their supervisors had never told them they couldn’t take a meal or rest break. Given that Lamps Plus had compliant meal and rest break policies, the fact that employees had taken short breaks or did not take a break did not support class treatment and the claims would have to be evaluated on an individual basis.
This case illustrates how important it is to ensure your meal and rest break policies are legally compliant, implemented and enforced.
