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Oral Argument on Brinker
Restaurant v. Superior Court Case
Set for November
On October 4, 2011, the California Supreme Court finally set oral
argument in the Brinker Restaurant v. Superior Court case to take
place on November 8, 2011. Typically, the Supreme Court issues a ruling
90 days after oral argument is heard. Stay tuned and expect the Court’s
ruling in early 2012.
Brinker has been pending before the Supreme Court since July 22, 2008.
Among other issues, the Court’s anticipated ruling will decide whether
employers, in accordance with Labor Code Section 226.7, need to “ensure”
meal breaks or merely make the meal breaks available to their employees.
This long-awaited decision will provide much needed clarity and relief
on an issue that has plagued the California courts with countless
lawsuits and caused operational nightmares for employers throughout the
state.
In the meantime, we urge employers to continue to ensure that their
employees take their full 30 minute, uninterrupted meal break.
If you would like additional information concerning this matter, please contact our Employment & Labor Lead Partners at Silver & Freedman, Andy Kaplan at akaplan@silverfreedman.com and Beth Schroeder at bschroeder@silverfreedman.com.
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