Calif. Meal And Rest Class Actions Alive Despite Brinker

Law360, New York (November 14, 2013, 6:29 PM EST) -- Brinker Restaurant Corp. v. Superior Court made it clear that California employers do not have to police meal and rest periods, so it would seem they have a safe harbor so long as employees have the freedom to take meal and rest breaks, right?

Not only that, Brinker cited (albeit in a footnote) the same commentator (Professor Richard Nagareda) as the U.S. Supreme Court did in Wal-Mart Stores Inc. v. Dukes for the proposition that “what really matters to class certification is not similarity at some...
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