Brinker: How Break Policies Affect Class Certification

Law360, New York (May 11, 2012, 1:39 PM EDT) -- On April 12, 2012, the California Supreme Court published its decision in the much-awaited case of Brinker Restaurant Corp.[1], setting to rest several contentious issues regarding California’s recent wave of meal and rest break class action lawsuits.

While most commentaries and articles have highlighted Brinker’s implications upon class action suits, there is an overlooked implication — the effect of Brinker’s written rest break policy upon the court’s decision to uphold the rest break subclass certification.

California’s Meal and Rest Break Requirements

California Labor Code[2] section 512...
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