Following on the heels of the California Supreme Court's decision to grant review in Brinker Restaurant Corporation v. Superior Court, which interpreted California's meal and rest period requirements, a California Court of Appeal has re-addressed California's break requirements. In Brinkley v. Public Storage, Inc. (10/28/08), the Court of Appeal determined: (1) employers must provide, but not ensure, meal periods for employees; (2) meal periods need not be provided within the first five hours of the shift (only that they be provided at some point during a shift of 6 hours or more); and (3) employers must provide, but not ensure, rest periods for employees.
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