Legal Alert: California Court of Appeal Re-addresses a California Employer's Duty to Provide Meal and Rest Periods for its Employees


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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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.

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