Calif. Top Court Asked To Mull 'Rolling 5' In Brinker Case

Law360, New York (December 6, 2011, 8:00 PM EST) -- The California Supreme Court accepted a rare post-argument brief in the Brinker International Inc. wage-and-hour case Friday, in which the California Employment Law Council argued that an issue that could lead to a wave of class actions against employers in the state had been overlooked.

The council's amicus brief acknowledged that bids to file post-argument briefs are disfavored and rarely granted, but added that the Nov. 8 oral argument in the closely-watched case dealt with the so-called rolling 5 question that the prior briefing from the parties and amici hadn't addressed.

The issue is whether the court's decision with rolling 5...

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