On April 12, 2012, the California Supreme Court issued its long-awaited decision in Brinker Restaurant Corp., et al. v. Superior Court (“Brinker”). For California employers, the key holdings of this case regarding meal period and rest break issues with respect to non exempt employees are as follows:
1. Employers satisfy their meal period obligation if they relieve an employee of all work duties, relinquish control over activities and permit a reasonable opportunity to take an uninterrupted 30 minute break, and do not impede or discourage the employee from doing so. Employers are not obligated to police meal breaks or ensure no work is performed....
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