This summer we circulated an update on a favorable California Court of Appeal decision regarding employers’ duties to provide employees with meal breaks. In Brinker Restaurant Corp. v. Superior Court, the court held, among other things, that employers need only “provide meal breaks” to employees, not “ensure” that the meal breaks are actually taken. The court further held that, because meal breaks need only be “made available” and not “ensured,” individual issues predominated, and the meal break claims (as well as related rest break and off-the-clock claims) were not amenable to class treatment. Not surprisingly, the plaintiffs in the Brinker case filed a petition for review, and this afternoon the California Supreme Court granted the petition. While the Supreme Court has not yet ruled on the underlying issues, the Court of Appeal’s decision may no longer be cited or otherwise relied upon in court filings. We will continue to monitor the proceedings before the Supreme Court.
Keesal, Young & Logan Employment Group
