California Court of Appeal Clarifies That Employers Must Provide Employees With Meal Breaks, But Do Not Have To Ensure They Are Taken


The days of paternalistic meal break monitoring may be coming to an end in California. Clarifying a key legal issue, the California Court of Appeal for the Fourth District has explained what it means to ?provide? employees with meal breaks. On Tuesday, July 22, 2008, the Court ruled in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), 08 C.D.O.S. 9247, that employers are only required to ?provide? meals breaks for their workers, not to ensure meal breaks are actually taken.

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