News & Analysis as of

Rest and Meal Break Brinker

Employers Beware: On-Duty and On-Call Rest Breaks Are Prohibited

by Hirschfeld Kraemer LLP on

On December 22, 2016, the California Supreme Court issued a decision, Augustus v. ABM Security Services, Inc., concluding that state law prohibits on-duty and on-call rest periods. This decision reverses a January 2015...more

The $90 Million Question: Can You Rest While On Call?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Does carrying a pager nullify a rest break? What about the possibility of being tapped on the shoulder by your boss? Or being called on your cell phone? The California Supreme Court considered these and...more

New Court Decision Lends Further Guidance To Meal And Rest Period Scheduling

by Fisher Phillips on

California employers continue to struggle with how to comply with their obligation to provide meal and rest periods to their non-exempt employees. Although the California Supreme Court’s groundbreaking Brinker decision from...more

Got Class? Wage and Hour Class Actions in a Post-Brinker World

by Ervin Cohen & Jessup LLP on

In 2012, employers awaited the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court with the bated-breath anticipation of a presidential election, or an Olympic luge race. And, boy, was it worth...more

Brinker Round 2: Plaintiffs Secure Class Certification in Trial Court

After the renowned remand from the California Supreme Court, the Hohnbaum plaintiffs in Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) sought to certify meal period claims alleging that all California...more

Did You Know…Court Of Appeal Applies Brinker To Reverse Denial Of Class Certification

by Nossaman LLP on

On May 10, 2013, the California Court of Appeals in Faulkinbury v. Boyd & Associates reversed its denial of class certification as to meal period and rest period violations in light of the California Supreme Court’s decision...more

New Appellate Decision Applies Brinker to Require Certification of Certain Meal and Rest Claims

On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a meal period, rest period, and overtime class certification decision in which...more

Employment Law Newsletter: April 2013

by Low, Ball & Lynch on

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

Court of Appeal Turns Volume Down on Plaintiff in Meal Period Class Action Against RadioShack

by BakerHostetler on

The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy....more

California Meal and Rest Break Requirements for Employers Clarified by the California Supreme Court in Brinker Decision

by Joseph Minioza on

The California Supreme Court's recent decision in Brinker finally provides clarity for California employers' obligations with respect to employee meal and rest breaks. This article summarizes the decision....more

Did You Know…Class Action For Meal And Rest Break Violations Defeated – Legally Compliant Policies Are Key

by Nossaman LLP on

In Flores v. Lamps Plus, Inc., the Court of Appeal affirmed the trial court’s denial of plaintiff’s motion for class certification based on Lamps Plus’s alleged failure to ensure that employees took their meal and rest...more

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