July 24, 2008
In its long-awaited decision in Brinker Restaurant Corp. v. Superior Court (July 22, 2008), Case No. D049331, the California Court of Appeal delivered overdue but welcome news for California employers, particularly on the issue of complying with California’s unique meal period requirements. Specifically, the Court granted the employer’s petition for a writ of mandate and ordered the trial court to: (1) vacate its order granting the plaintiffs’ motion for class certification on their meal and rest period violations and off-the-clock / “time shaving” claims; and (2) enter a new order, denying plaintiffs’ motion for class certification.
A more in-depth WorkCite article on the implications of the Brinker decision for California employers will be forthcoming. However, the Court’s key holdings are as follows:
Meal Periods
Rest Periods
Working Off-The-Clock & “Time Shaving”
For further information or help in complying with California’s complex wage and hour laws or analyzing the impact of the Brinker decision on class action wage and hour claims, please contact any member of the McGuireWoods Labor & Employment or Employee Benefits Teams.