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Calif. High Court Takes Meal Break Case

October 23, 2008

Wading into one of the most hotly contested labor issues of recent years, the California Supreme Court on Wednesday agreed to decide what employers must do to comply with state-mandated meal breaks.

 

Review in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), S166350, had been sought not only by a potential class of an estimated 60,000 restaurant workers, but also by a slew of amici curiae, including Attorney General Jerry Brown, four state legislators and the California Labor Federation, which represents more than 2 million workers in a variety of professions.

 

The high court’s action — by a 6-0 vote with Justice Kathryn Mickle Werdegar absent — stays a July 22 decision by San Diego’s 4th District Court of Appeal, which held that employers are required to provide meal and rest breaks for their workers, but not to ensure they’re taken. The lower court also denied class certification, saying that alleged violations of meal and rest breaks involved individual claims that had to be resolved separately.

 

Read Article: Law.com

 

Posted By: Phoenix Accident Injury Attorneys

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