Avoiding Post-Brinker Liability Risks

Law360, New York (April 24, 2012, 1:25 PM EDT) -- On the last possible day under its own rules, the California Supreme Court in Brinker Restaurant v. Superior Court unanimously decided that California employers must, as all management attorneys have always assumed, provide a 30-minute, uninterrupted meal period by the end of the fifth hour of scheduled work, but do not need, as plaintiff representing the class claimed, to police employees during that 30-minute meal period to ensure that they perform no work.

The disputed issue of “provide vs. police” arose in the early part of...
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