On The Brink Of Deciding Brinker

Law360, New York (November 14, 2011, 2:43 PM EST) -- There is no question that the most anticipated oral argument in many years in the California wage-and-hour arena occurred recently, on Nov. 8, 2001, in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), S166350. Brinker, as it is popularly referred to, has become synonymous with the controversy now long-raging in California over the proper legal standards for liability for missed rest and meal breaks as well as their timing.

By this time, almost every large employer in the state of California has been hit with a "rest...
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