Yesterday morning, the California Supreme Court issued its long awaited decision in the case Brinker v. Superior Court (Hohnbaum), S166350. The Brinker decision involved a class action against a number of restaurants operated by Brinker Restaurant Corporation, alleging that Brinker failed to provide meal and rest periods required by California law and required employees to work off the clock, and seeking to certify a class of approximately 60,000 restaurant employees.

The Brinker case centered on the proper interpretation of California's meal and rest period laws and regulations and how those interpretations inform and affect class certification. The central, and long anticipated, holding in this case is that employers need not ensure employees take 30 minute off the clock meal periods, but do need to provide meal periods, one for a shift longer than 5 hours, and a second for a shift over 10 hours. Also, employers need only "authorize and permit" 10 minute on the clock rest periods, for every 4 hour period of work or major fraction thereof. The Brinker decision outlined detailed requirements under the law, and the Court specifically ruled as follows...