Today marks the one-year anniversary of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court.

The Brinker case was extremely important to all California employers. The court ruled that employers do not have to ensure that employees take their meal breaks, but must merely make meal breaks available. The court’s ruling also provided flexibility to employers with regard to the timing of meal and rest breaks.

In the year since the case was decided, meal and rest break claims have certainly not disappeared in California. Such claims may, however, be harder to get certified as class action lawsuits, especially when the employer has clear policies and practices and a good timekeeping system. 

Employers also need to make certain that supervisors do not schedule work shifts in a manner that prevents employees from having the ability to take breaks.

Author: Gail Cecchettini Whaley

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