Yesterday, HRWatchdog gave a brief summary of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court, relating to meal and rest breaks.
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Tags: rest breaks, Brinker case, meal breaks, Restaurant Corp. v. Superior Court, HR Allen Consulting Services, HR Informant, California employers
Today, the California Supreme Court finally released its long-awaited decision in the Brinker Restaurant Corp. v. Superior Court case. The Brinker case is extremely important to all California employers because it involves employers’ obligations relating to meal and rest breaks.
The most critical part of the unanimous ruling is that employers do not have to ensure that employees take their meal breaks, but must merely make them available. The court also provided flexibility to employers with regard to the timing of meal and rest breaks.
According to the court:
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Tags: rest breaks, Brinker case, meal breaks, Brinker, Brinker v Superior Court, ensure, provide, HR Allen Consulting Services
Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements though. If your boss doesn’t comply with break requirements, they are required to pay you one extra hour of regular pay for each day on which a break violation occurred.
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Tags: rest breaks, california rest breaks, break periods, employees