Settling The Matter Of Meal, Rest Breaks In Calif.
May 2, 2012, 1:03 PM EDT
Law360, New York (May 2, 2012, 1:03 PM EDT) -- On April 12, 2012, the California Supreme Court rendered a unanimous decision in Brinker Restaurant Corp. v. Superior Court, No. S166350 (Apr. 12, 2012). The Supreme Court agreed with employers that the obligation to “provide” does not require employers to ensure that employees actually take meal periods during which they perform no work. “[T]he employer is not obligated to police meal breaks and ensure no work thereafter is performed.” Slip op. at 36.
Rather, the court held employers simply must provide 30-minute, duty-free meal periods. “[W]ork...