A few months ago, we reported that a California Appellate Court had issued a landmark decision about meal and rest periods that was very favorable to employers. Significantly, in that decision, known as Brinker Restaurant Corp. v. Superior Court, the Appellate Court concluded, among other things, that (1) employers need only “provide” employees with meal and rest periods and need not “ensure” that employees actually take their breaks; (2) employers can only be held liable for work performed by employees before they clock in or after they clock out if they “knew or should have known” their employees were working during that time; and (3) employers are required to provide one thirty-minute meal break for employees who work between five and ten hours during a single shift, not for every five consecutive hours worked.

As we suspected, the California Supreme Court has granted review of the Brinker decision and the Appellate Court opinion has been depublished. Accordingly, California employers can no longer rely on the Brinker holding. We will continue to follow this important case and will keep you apprised of any developments. In the meantime, we remain available to review your policies to ensure that they are up to date and reflect the most current status in the law with respect to meal and rest period obligations.

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For more information about the Brinker decision or about your current meal and rest period policies, please contact one of the members of Greenberg Glusker’s Employment Group: Nancy Bertrando or Diane Cumpacker at (310) 553-3610.